Arusha. Efforts by Idd Kiture to overturn a 30-year jail term after being convicted of raping a 12-year-old girl have failed at the African Court on Human and Peoples’ Rights (AfCHPR), which dismissed his application.
Mr Kiture, who is serving his sentence at Ukonga Central Prison in Dar es Salaam, filed Application No. 010/2019 against the United Republic of Tanzania, alleging violations of his fundamental rights during investigation, trial, and judgment.
He asked the Court to declare violations, award $10,000 compensation, quash his conviction and order his release.
On Friday, June 5, 2026, the Court sitting with eight judges led by President Blaise Tchikaya and Vice President Chafika Bensaoula dismissed key arguments, ruling there were no grounds to overturn the conviction or grant release.
Case background
Tanzania raised a preliminary objection, arguing the Court lacked jurisdiction and could not order the release of the applicant.
The Court dismissed the objection, holding that, under Article 3(1) of its Protocol, it has jurisdiction over the interpretation and application of the African Charter on Human and Peoples’ Rights and other human rights instruments.
It further confirmed that Article 27(1) empowers it to grant appropriate remedies, including release where justified.
On admissibility, the Court rejected Tanzania’s claim that Mr Kiture should have first sought review of the Court of Appeal decision before approaching the international court.
Judges held that he had exhausted all domestic remedies after going through the Morogoro District Court, the High Court, and the Court of Appeal.
They noted that review of Court of Appeal decisions is an exceptional remedy, not a mandatory step before filing a case.
On the merits, Mr Kiture alleged violations including discrimination, denial of equality before the law, denial of the right to appeal, unfair trial, delay, and inhuman treatment.
However, the Court dismissed most claims for lack of evidence.
It found no proof of discrimination or breach of equality before the law.
The claim that he was denied the right to appeal was rejected, as he had fully exercised his appeal rights up to the Court of Appeal.
The allegation of excessive delay was also rejected; proceedings took six years, five months, and one day, which the Court found not unreasonable.
Claims that the charge sheet was defective were dismissed, as procedural irregularities did not prejudice his defence.
Allegations of police beating or mistreatment were also rejected for lack of evidence.
However, the Court upheld one key claim: lack of legal aid.
It found Mr Kiture was not provided legal representation despite facing a serious rape charge carrying a 30-year sentence.
The Court ruled Tanzania had a duty to provide free legal aid in such serious cases even without a request from the accused.
It therefore found a violation of Article 7(1)(c) of the African Charter, read with Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR).
Despite this, the Court held he failed to prove financial loss, so monetary compensation was not warranted.
Instead, it awarded symbolic compensation of Sh500 for moral harm caused by the lack of legal aid. Each party was ordered to bear its own costs.
