CRIMINAL APPEAL NO 640 OF 2022 PEMBE ABDALLAH MKALI VS THE REPUBLC

CRIMINAL APPEAL NO 640 OF 2022 PEMBE ABDALLAH MKALI VS THE REPUBLC

The conviction was unsafe because the evidence of key prosecution witnesses was irreconcilably contradictory, undermining their credibility. The contradictions were material and went to the root of the case, making it impossible to determine the truth. The prosecution failed to prove the case beyond reasonable doubt.

Citation
CRIMINAL APPEAL NO 640 OF 2022 PEMBE ABDALLAH MKALI VS THE REPUBLC
Parties
Appellant: Pembe Abdallah Mkali; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.
Legal Topics
Rape, Credibility of Witnesses, Standard of Proof, Evidence of Child Witness, Preliminary Hearing Irregularities
Source Language
English
Criminal Law Rape Credibility of Witnesses Standard of Proof Evidence of Child Witness Preliminary Hearing Irregularities

Case Brief

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Parties

Pembe Abdallah Mkali

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the evidence of the prosecution witnesses was credible and reliable
  2. 2 Whether the requirements of section 127(2) of the Evidence Act regarding child witnesses were complied with
  3. 3 Whether irregularities in the preliminary hearing vitiated the trial

Ratio Decidendi

The conviction was unsafe because the evidence of key prosecution witnesses was irreconcilably contradictory, undermining their credibility. The contradictions were material and went to the root of the case, making it impossible to determine the truth. The prosecution failed to prove the case beyond reasonable doubt.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.

Orders

  • Conviction quashed
  • Sentence of life imprisonment set aside