167. The Applicant further claims that the many adjournments that he endured
broke him mentally and emotionally. His association with a crime so serious
has not only lowered the Applicant’s social status but that of his family as
well. The Applicant asserts that he suffered terrible embarrassment knowing
that everyone he knew now associated him with such a serious crime. He
alleges that his relatives were also being associated with such a terrible
crime. The stigma and victimisation directed at the families continues to
affect them.
168. The Applicant further contends that he has spent approximately six years
on death row since the sentencing. He submits that being held on death row
is a uniquely traumatic experience known to cause anxiety, fear and
psychological anguish. He further claims that due to hard living conditions
in prison, the Applicant’s health has deteriorated over the years. He also
submits that his private life has been irreparably disrupted due to long-term
imprisonment. As a direct result of the imprisonment, he claims, he has not
been able to establish any contact with his wives, children and colleagues.
169. The Applicant further claims that there are several indirect victims of the
violations of the Applicant’s rights, namely the Applicant’s seven (7)
children, three (3) wives, mother and stepmother, and he requests the Court
to consider that they have also suffered emotional harm and that they are
also entitled to moral damages.
170. The Applicant submits that the indirect victims were heavily affected
emotionally following the imprisonment of their beloved ones. The Applicant
avers that the never-ending trials were emotionally draining and that the
stigma that followed having one’s relative sentenced of such a crime is
unimaginable. He claims that his children were heavily affected by the
absence of their father. Furthermore, the frequent travels to visit their loved
one in prison was not just financially draining but also emotionally draining.
For this reason, the Applicant prays the Court to order the Respondent State
to pay each indirect victims Ten Million Tanzanian Shilling (TZS 10,000,000)
for moral damages suffered.
39