Convict loses bid to appeal 30-year sentence after three-year delay

Simbanne had filed the application under Section 14(1) of the Appellate Jurisdiction Act, seeking leave to lodge a notice of appeal out of time against a judgment delivered on February 22, 2022, in Criminal Case No. 90 of 2021.

He argued that the delay was caused by illness, stating that after his conviction he was transferred from Tarime Prison to Ukonga Central Prison, where he was diagnosed with tuberculosis and placed under medical care.

According to his affidavit, the condition affected his ability to communicate with prison authorities and follow up on the appeal process. He also claimed he believed prison officers were handling the matter on his behalf.

However, the court noted that the delay stretched to 1,140 days—far beyond the statutory limit of 30 days for filing a notice of appeal.

The State opposed the application, arguing that the applicant had failed to provide sufficient explanation or evidence to support his claims. It said no medical records were submitted, and key dates relating to the alleged illness and transfers were not provided.

In his ruling, Justice Kafanabo said the court’s discretion to extend time must be exercised only where sufficient cause is demonstrated.

He noted that factors such as the length of delay, explanation provided, diligence by the applicant and the existence of arguable grounds in the intended appeal must all be considered.

“The applicant has not provided a satisfactory explanation for the inordinate delay,” the judge said, adding that mere incarceration does not automatically justify failure to comply with procedural timelines.

The court further observed that prisoners are still required to demonstrate diligence in pursuing their legal rights, even where they rely on prison systems for communication.

It also faulted the affidavit for failing to account for the entire period of delay or provide supporting documentation for the alleged illness.

While acknowledging that courts may consider sympathy in appropriate cases, Justice Kafanabo emphasised that it cannot replace legal requirements.

“Justice must be administered in accordance with the law, and not on sympathy alone where no valid cause is shown,” he ruled.

The court concluded that Simbanne had failed to establish sufficient grounds to justify the delay of more than three years and seven months, and accordingly dismissed the application.