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THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA MBEYA -SUB REGISTRY AT MBEYA MISC. CRIMINAL APPLICATION NO. 13431 OF 2024 (Arising from District Court of Rungwe at Tukuyu, Criminal Case No. 8/2016) GODFREY RAMSON KASYANJO…………………………APPLICANT VERSUS THE REPUBLIC………………………..…………………….RESPONDENT RULING 17 July 2024 & 17 July 2024 SINDA, J.: The applicant has brought this application under section 361 (2) of the Criminal Procedure Act, Cap 20 R.E 2022 (the CPA). The applicant prays for the following orders that: (i) The Hon. Court may be pleased to grant the applicant leave for an extension of time within which to lodge a notice of 1 appeal and petition of appeal out of time in Criminal Case No. 08 of 2016. (ii) Any other relief as this Hon. Court may deem fit and just to grant. At the hearing, the applicant appeared in person unrepresented. The respondent was represented by Ms. Upendo Lyimo, State Attorney. The applicant briefly prayed the court to adopt reasons set forth in the affidavit. Ms. Lyimo did not object to the application. The applicant application is duly supported by the chamber summons and affidavit sworn by the applicant. The applicant stated in the affidavit that he is convicted for the offence of rape contrary to section 130 (1) (2) (e) and 131 (1) of the Penal Code, Cap 16 R.E 2022 and sentenced to serve 30 years imprisonment. He appealed to the High Court of Tanzania and his appeal was dismissed. He further appealed to the Court of appeal of Tanzania (CAT) which ordered that the appeal to be heard at the High Court due to errors because the notice of appeal was defective. There were tying errors which stated that 2 the said decision of trial court was delivered by Hon. Nzowa SRM instead of Hon A.V Tarimo, DRM dated 15 July 2026. Having considered the submissions of both parties and examined the grounds stated in the applicant’s affidavit, the question is whether there is any justification for this court to exercise its discretion under section 361 (2) of the CPA. The said provision states that: “The High Court may, for good cause, admit an appeal notwithstanding that the period of limitation prescribed in this section has lapsed” From the record, it is clear that the petition of appeal was lodged late because of the reasons stated above. That being the case the applicant lost control of the case. It has been decided in a number of cases that being in prison, the applicant loses control of the appeal process, thus amounting to sufficient cause for the delay. See: Buchumi Oscar vs. Republic, Criminal Appeal No. 295 “B” of 2011 (CAT, unreported) William Ndingu @ Ngoso vs. Republic, Criminal Application No.3 of 2014 (CAT, unreported) and Maneno Muyombe and Another vs. Republic, Criminal Appeal No. 435 of 2016. 3 As a result, I find applicants advanced the good cause for delay. I grant the application. The applicants are to file a notice of appeal and the petition of appeal within 21 days from the date of this Ruling. Dated at Mbeya on this 17 Day of July 2024. A. A. SINDA JUDGE 4