Arusha. The Court of Appeal has quashed a 30-year prison sentence imposed on Lemindea Lesira after finding serious legal errors in the way the victim’s evidence was received during the trial, ruling that the mistake left the conviction without sufficient proof.
Lesira had been convicted by a lower court of rape and sentenced to 30 years in prison. He had also been found guilty of causing grievous harm contrary to Section 225 of the Penal Code and cruelty to a child contrary to Section 169A (1) and (2), for which he was sentenced to five years’ imprisonment and ordered to pay compensation to the victim.
In its decision delivered on March 20, 2026, a panel of three judges — Winfrida Korosso, Lilian Mashaka and Paul Ngwembe — ruled that there were major procedural irregularities in the trial, particularly in the manner the victim’s testimony was admitted as evidence. The ruling was made in Criminal Appeal No. 601 of 2023.
According to the judgment, the victim, who was 16 years old at the time of giving evidence, testified without taking an oath or making a formal affirmation as required by law. Instead, she made an unsworn promise to tell the truth, a procedure that is only allowed for children under the age of 14.
The court held that failure to follow the proper legal procedure made the testimony invalid and inadmissible.
“After removing that key evidence, there remains no proof capable of establishing the offence of rape beyond reasonable doubt,” the judges stated in part of the judgment.
Background of the case
Lesira and Kulasa Mandeu, who was not an appellant, were initially charged before the Resident Magistrate’s Court in Arusha with causing grievous harm and cruelty to a child. Lesira alone faced an additional charge of rape under Sections 130(1), 130(2)(e) and 131 of the Penal Code.
The prosecution alleged that in 2020 the appellant entered into a traditional marriage with the victim, who was then aged 14.
The victim told the trial court that on September 14, 2022, she was assaulted by the appellant after a dispute. She claimed she fled to seek help from a relative, but the second accused joined the appellant in beating her, tying her to a tree and later leaving her in the bush.
Court records show that she remained injured for several days before she was found by a passer-by, who took her home and later informed her father, after which she was taken to hospital for treatment.
Medical evidence presented during the trial indicated signs consistent with repeated sexual intercourse, but the Court of Appeal ruled that such evidence could not on its own prove the offence without direct testimony from the victim.
Appeal proceedings
The High Court had earlier upheld the conviction and sentence, although it reduced the fine imposed for the other offences.
In the second appeal, the appellant raised several grounds, including contradictions in the prosecution case, failure to prove the charges beyond reasonable doubt and improper admission of evidence. He also argued that he had been in a customary marriage with the complainant.
During the hearing, the appellant represented himself and initially faced language difficulties, prompting the court to appoint an interpreter conversant with Kiswahili and Maasai.
In its analysis, the Court of Appeal stated that under the law of evidence, any witness aged above 14 must testify under oath or affirmation, and failure to do so renders the testimony legally defective.
The court emphasised that in rape cases, the victim’s evidence is central, and without it the remaining testimony from other witnesses only described the victim’s condition after the incident and could not prove the offence beyond reasonable doubt.
The State initially opposed the appeal but later supported it after acknowledging the legal defect.
The Court of Appeal agreed, set aside the conviction and sentence, and ordered that the appellant be released immediately unless he is being held for another lawful reason.
