Felick Kilipasi vs Republic (Criminal Appeal No. 260 of 2021) [2023] TZCA 17941 (13 December 2023)

In the case "Felick Kilipasi vs Republic (Criminal Appeal No 260 of 2021)", the appellant's conviction was based on evidence from a child witness. The defense challenged the admissibility of this evidence, arguing the voire dire examination was conducted "off record." However, the Court of Appeal noted that following the amendment of Section 127(2) of the Evidence Act, voire dire is no longer a legal requirement. The court emphasized that a child's evidence, if given on oath and deemed credible by the court, is valid even without voire dire. The Court dismissed the appeal, upholding the conviction based on this reasoning and the credible evidence provided by the child witness.

In "Felick Kilipasi vs Republic (Criminal Appeal No 260 of 2021)", the Court of Appeal referenced the following case laws:

1. Godfrey Wilson v. Republic, Criminal Appeal No. 168 of 2018 (unreported): Cited in the context of the court's jurisdiction to entertain new grounds of appeal not raised at the first appellate level.

2. Halfani Sudi v. Abieza Chichifi (1998) T.L.R. 557: This case was used to emphasize the presumption that a court record accurately represents what happened, particularly in context to the voire dire examination.

3. Otto Kajist Shirima v. Republic, Criminal Appeal No. 234 of 2008 (unreported): Reiterated the importance of the accuracy of court records.

4. Ex-pd. 8656 Gpl Senga s/o Idd Nyembo and 7 Others v. Republic, Criminal Appeal No. 16 of 2018 (unreported): Highlighted the reflection of trial court proceedings in records and their credibility.

5. John Mkorongo James v. Republic, Criminal Appeal No. 498 of 2020 (unreported): Discussed the recommended method of recording a child's promise to tell the truth under Section 127(2) of the Evidence Act.

6. Ally Ngozi v. Republic, Criminal Appeal No. 216 of 2018 (unreported): Related to compliance with Section 127(2) of the Evidence Act when a child gives evidence on oath.

7. Wambura Kiginga v. Republic, Criminal Appeal No. 301 of 2018 (unreported): Discussed the implications of non-compliance with Section 127(2) of the Evidence Act and the conditions required for a conviction in sexual offense cases.

8. Marwa Wangiti Mwita and Another v. Republic [2002] TLR 39: Addressed the reliability of witness identification, emphasizing the need for careful assessment.