II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that the Applicant, along with three (3) other
individuals who are not parties to this Application, was apprehended and
accused of robbing one Machude Nfungo, on 12 March 2007 at about 20:45
hours in the Mara Region within the Respondent State. Subsequently, all
the four suspects were charged at the District Court of Musoma, with the
offence of armed robbery contrary to Section 287A of Respondent State’s
Penal Code. The District Court convicted the Applicant and two (2) coaccused and sentenced them to thirty (30) years in prison but acquitted the
third co-accused on 9 May 2008.
4.
The Applicant and the two (2) co-accused appealed against their conviction
and sentence to the High Court at Mwanza. The appeal was dismissed
through a judgment delivered on 27 September 2010. Dissatisfied with this,
they further appealed to the Court of Appeal.
5.
On 12 March 2013, the Court of Appeal upheld the conviction and the
sentence of the Applicant on the basis of the doctrine of recent possession
but acquitted his co-accused and ordered their release.
B. Alleged violations
6.
The Applicant claims that the Respondent State has violated his right to
equal treatment and protection of the law, right to bail, right to legal
representation and right to be heard, contrary to Articles 2, 3, 6 and 7 of the
Charter, respectively.
3