KIWELE

KIWELE

The trial court failed to comply with the mandatory procedure under section 127(2) of the Evidence Act by not ensuring the child witness made a promise to tell the truth and not to tell lies before testifying. As a result, the victim's evidence was improperly admitted and had no evidential value. With the exclusion of this evidence and unresolved inconsistencies in the prosecution's case, the conviction could not be sustained.

Citation
KIWELE
Parties
Appellant: Peter Kiwele; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for other lawful reasons
Legal Topics
Rape, Evidence of Child Witnesses, Standard of Proof, Procedure for Child Testimony
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Standard of Proof Procedure for Child Testimony

Case Brief

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Parties

Peter Kiwele

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court properly admitted the evidence of a child witness under section 127(2) of the Evidence Act
  2. 2 Whether inconsistencies in prosecution evidence undermined the conviction
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The trial court failed to comply with the mandatory procedure under section 127(2) of the Evidence Act by not ensuring the child witness made a promise to tell the truth and not to tell lies before testifying. As a result, the victim's evidence was improperly admitted and had no evidential value. With the exclusion of this evidence and unresolved inconsistencies in the prosecution's case, the conviction could not be sustained.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for other lawful reasons

Orders

  • conviction quashed
  • sentence set aside