MOHAMED LIHUKA

IN THE HIGH COURT OF TANZANIA (MOROGORO SUB-REGISTRY) AT IJC MOROGORO. CRIMINAL APPEAL NO. 12170 OF 2024 (Arising from the decision of the District Court of Ulanga in Economic Case No. 10 of 2023). MOHAMED S/O MOHAMED LIHUKA…………………..……. APPELLANT VERSUS REPUBLIC……………………..………………………………. RESPONDENT JUDGEMENT 21st of August ,2024. MANSOOR, J. The appellant Mohamed s/o Mohamed Lihuka was arrested on 10.03.2023 and he was found in possession of 87pieces of meat suspected to be hippopotamus meat contrary to section 86(1)(2)(c)(iii) and 3 of Wildlife Coservation Act No. 5 of 2009 Cap 83. He was charged, tried, convicted and sentenced to a term of 20 years before Ulanga District Court. Aggrieved by the conviction and sentence he filed the instant appeal raising eight grounds. During the hearing of the appeal the learned state Attorney Josbert Kitale did not oppose the appeal for the reason that the prosecution failed to prove the charge beyond reasonable doubt. He stated that the evidence of PW5 was vague and general in identifying the meat hence unreliable as he did not even state as to what kind of educational qualification he possesses that enabled him to identify the meat. Identification of animal species of origin in meat and meat products must be identified by analytical techniques such as examination by chief chemist. The PW5 did not state the peculiar features of hippo meat, he did not state the colour, texture, odour, structures of bones, flesh and fat of hippo meat that is different from other animal species. A report from professional chemist would have been appropriate who would have identified the meat by stating its chemical composition such as glycogent content, lenolenic acid content peculiar to hippo meat which is different from other animal species since PW5 was a material witness in the prosecution who failed to discharge the duties of identifying the peculiar features of a hippo meat which are different from other animal species. The case for the prosecution was not proved beyond reasonable doubt. For those reasons the conviction and sentence passed by the DC Ulanga Economic Case No. 10 of 2023 is hereby quashed and set aside. The appellant Mohamed Mohamed @Liheuka is acquitted of the charged offence and set free. It is ordered that he be released from imprisonment immediately unless held for any other lawful case. It is so ordered. DATED AND DELIVERED AT MOROGORO THIS 21st DAY OF AUGUST 2024. L.MANSOOR JUDGE 21/08/2024