and held that it was sufficient to uphold the decision of the High Court. Based on the evidence that was produced in court and that led by the defence, the Court ultimately held that the Prosecution had proven its case beyond reasonable doubt, and convicted the Applicant. The Respondent State argues that the Applicant’s allegations do not have merit and prays for their dismissal for lack of merit. *** 95. Pursuant to Article 7(1)(b) of the Charter, every individual has the right to have his cause heard and the right to be presumed innocent until proven guilty by a competent court or tribunal. 96. The Court notes that upholding the right to a fair trial “requires that the imposition of a sentence in a criminal offence, and in particular, a heavy prison sentence, should be based on strong and credible evidence”. 39 As this Court has also held in Diocles William v. United Republic of Tanzania, the principle that a criminal conviction should be “established with certitude” is a crucial principle in cases where the death penalty is imposed.40 97. The Court further recalls its position in Kijiji Isiaga v. United Republic of Tanzania where it held that domestic courts enjoy a wide margin of appreciation in evaluating the probative value of a particular piece of evidence. As an international human rights court, the Court cannot usurp this role from the domestic courts and investigate the details and particularities of evidence used in domestic proceedings.41 98. Having noted that, the Court also reiterates its position that while it does not have the power to evaluate matters of evidence that were settled in national courts, it is vested with jurisdiction to determine whether the assessment of 39 Abubakari v. Tanzania (merits), supra, § 174; Juma v. Tanzania (judgment), supra, § 70 and Isiaga v. Tanzania (merits), supra, § 67. 40 Wiliam v. Tanzania (merits), supra, § 72. 41 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65 and Wanjara & 4 ors v. United Republic of Tanzania (judgment) (25 September 2020) 4 AfCLR 673, § 78. 27

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