Arusha. The High Court Tanga Sub-Registry has dismissed an appeal filed by Mr Greyson Msemo against a 30-year sentence for raping a child aged one year and four months, and has instead enhanced his punishment to life imprisonment.
Mr Msemo was originally convicted by the Pangani District Court for rape contrary to sections 130(1)(2)(e) and 131(1) of the Penal Code, an offence committed on September 1, 2025, in the Funguni area, Pangani District, Tanga Region.
Delivering the judgment on Tuesday, August 18, 2026, High Court Judge Happiness Ndesamburo ruled that after thoroughly evaluating the trial record and arguments from both sides, the court was fully satisfied that the prosecution proved the charge beyond any reasonable doubt.
Justice Ndesamburo clarified that although the infant did not testify due to her age, the omission did not weaken the state's case.
During the initial trial, the prosecution called four witnesses.
The first witness, the victim’s grandmother, testified that on the day of the incident, she asked another grandchild to bring Mr Msemo drinking water while she was weaving palm leaves.
Upon stepping outside, she caught Mr Msemo holding the infant on his lap while committing the assault.
She raised an alarm, prompting Mr Msemo to pull up his trousers.
Neighbours gathered at the scene, apprehended Mr Msemo, and handed him over to Pangani Police Station.
The fourth witness, the child’s mother, testified that she had left her daughter under her grandmother's care while attending a funeral in Muheza, returning immediately after receiving news of the assault to find the child receiving hospital treatment.
In his defence, Mr Msemo denied committing the crime, claiming he did not know the witnesses and alleging that the prosecution evidence was fabricated.
Dissatisfied with his conviction, Mr Msemo appealed on five grounds, arguing that the trial magistrate erred by convicting him without testimony from the victim, that the prosecution evidence was contradictory, and that the court failed to establish whether he was of sound mind.
Dismissing the arguments, Justice Ndesamburo stated that the law recognizes specific circumstances where an offence can be proved without the victim's testimony, particularly when the victim is a young child.
She held that the grandmother's direct eyewitness testimony was credible and strongly corroborated by medical evidence showing injuries to the victim's private parts, noting that under the law, even slight penetration suffices to establish rape.
The judge further dismissed Mr Msemo’s claim of unsound mind, stating that the trial record contained no evidence or history of mental illness, nor did the appellant raise an insanity defence during trial proceedings.
However, Justice Ndesamburo noted that the trial court made a legal error by imposing a 30-year jail sentence.
She emphasized that because the victim was under 10 years of age, section 131(3) of the Penal Code strictly mandates a mandatory sentence of life imprisonment.
"Finding no merit in any ground of appeal, the appeal is dismissed in its entirety. I substitute the 30-year term with life imprisonment," ruled Justice Ndesamburo.
