High Court set to deliver verdict in Nyundo gang rape appeal

They were sentenced to life imprisonment and ordered to pay Sh1 million each in compensation to the victim, a young woman from Yombo Dovya in Dar es Salaam, identified in court documents as XY.

The case drew widespread attention due to the involvement of serving and former uniformed officers, as well as the disturbing nature of the offence.

Prosecutors alleged that the accused attacked the woman, subjected her to repeated sexual assault, and recorded parts of the incident on video.

Defence grounds of appeal

In their appeal, the convicts, represented by independent lawyers Godfrey Wasonga, Roberth Owino, and Meshack Ngamando, raised 33 grounds consolidated into nine categories.

These included claims that the charge sheet was defective, that the prosecution failed to prove its case beyond a reasonable doubt, and that investigators erred by not apprehending two additional suspects allegedly involved in the incident.

The defence further challenged the admissibility and handling of electronic evidence.

They argued that the prosecution had failed to follow proper procedures in tendering video recordings, insisting that the material was unreliable.

They also maintained that the trial court had disregarded contradictions in witness testimony, particularly the identification of the accused.

The lawyers urged the High Court to quash the convictions and set aside the life sentences, contending that their clients had been denied a fair trial.

Prosecution’s response

Represented by Principal State Attorney Lucy Uisso and two colleagues, the state argued that the trial court’s decision was sound and supported by overwhelming evidence.

The prosecution maintained that the case was proved beyond a reasonable doubt, citing video footage of the assault and the victim’s detailed testimony.

To strengthen its case, the prosecution recalled an Information and Communication Technology (ICT) expert from the police force during the appeal hearings.

The expert replayed DVDs submitted as exhibits, demonstrating the length of time the victim spent with the accused, which prosecutors said gave her ample opportunity to recognise them.

Although the defence strenuously objected to recalling the witness, presiding Judge Amir Mruma ruled in favour of the prosecution.

He allowed the videos to be replayed to ensure the court was satisfied with the quality and authenticity of the evidence.

The original ruling

When sentencing the four men in 2024, the Dodoma Resident Magistrate’s Court emphasised the gravity of the offence and the breach of public trust committed by officers sworn to protect citizens.

The court said the evidence, particularly the video footage corroborated by witness testimony, left no doubt as to their guilt.

The trial court also noted the psychological trauma inflicted on the victim and the need for deterrence, hence the decision to impose life imprisonment in addition to monetary compensation.

Awaiting judgment

The High Court’s ruling is now expected to determine whether the appellants’ arguments are sufficient to overturn or vary the lower court’s decision.

A full bench led by Judge Mruma will assess whether procedural errors occurred, whether the rights of the accused were violated, and whether the evidence presented at trial met the threshold of proof required in law.

Tomorrow’s judgment is eagerly awaited, not only by the parties directly involved but also by legal observers and human rights advocates monitoring the case.

It is seen as a test of the judiciary’s handling of sexual violence cases, particularly those involving individuals connected to state security agencies.

If the convictions are upheld, the four men will continue serving life terms.

However, if the court finds merit in their appeal, the sentences could be reduced or quashed entirely, a decision that would inevitably spark strong public debate.