Hamadi Mzamilo Marafya vs Republic (Criminal Appeal No. 603 of 2021) [2023] TZCA 18016 (21 December 2023)

This is a criminal appeal case in the Court of Appeal of Tanzania at Dodoma. The appellant, Hamadi Mzamilo Marafya, was appealing against his conviction and life imprisonment sentence for an unnatural offence, contrary to section 154 (1)(a) and (2) of the Penal Code [Cap. 16 R.E. 2019, now R.E. 2022]. The offence involved a minor, a five-year-old boy referred to as "PW1" or "the Victim" to protect his privacy.

The appellant was initially convicted by the District Court of Kondoa, and his first appeal to the Resident Magistrates' Court of Dodoma was dismissed. This was his second appeal. The appellant raised several issues, including procedural errors, delay in medical examination of the victim, delay in arraignment, lack of information about his right to legal representation, and the credibility of the evidence against him.

The Court of Appeal dismissed all the grounds of appeal. It found that the procedural errors did not prejudice the appellant and were curable under section 388 of the Criminal Procedure Act [Cap. 20 R.E. 2022]. The court also found that the delay in medical examination and arraignment did not affect the prosecution's case, and the appellant's right to legal representation was not infringed as he could have applied for such representation under section 33 (1) of the Legal Aid Act [Cap 21 R.E. 2019]. The court also found that the defence evidence was considered but was found lacking, and the case against the appellant was proved beyond reasonable doubt.

The court noted an error in the trial magistrate's application of the law, where the magistrate wrongly ordered the appellant's mental examination under section 220 (1) of the CPC instead of section 216 (1) of the CPA. However, this did not affect the outcome of the case as the medical report was produced during the trial.

The appeal was dismissed.