Maneno s/o Matibwa Francis @ Babio vs Republic (Criminal Appeal No. 35 of 2021) [2023] TZCA 78 (1 March 2023)

Maneno s/o Matibwa Francis @ Babio was charged with the offence of impregnating a schoolgirl, contrary to section 35 of the Education Act, Cap. 353 R.E. 2002 (the Education Act) read together with Rule 5 of the Education (Imposition of Penalties to Person who Marry or Impregnate a School Girl) Rules, 2003. He was convicted and sentenced to 30 years' imprisonment. The prosecution alleged that in March 2015, the appellant impregnated a 15-year-old schoolgirl. The appellant denied the charge, but absconded trial, and was denied by the trial court the opportunity to mount a defence.

The appeal court found that the prosecution failed to prove beyond reasonable doubt that the girl was a student at the time of impregnation and that the appellant was the one who impregnated her. The court noted that the evidence of the girl being a student was contradictory and the school register, which could have confirmed her status, was not presented. The court also found that the chain of custody for the DNA test was not established, casting doubt on the validity of the test results.

The court allowed the appeal, quashed the conviction, set aside the sentence, and ordered the immediate release of the appellant from prison custody unless he is lawfully held for other reasons.