On June 10, 2024, in Kambini, Gijedaboung Village, Babati District, the two were allegedly found in possession of five elephant tusks and three additional pieces equivalent to four elephants killed without authorisation from the Directorate of Wildlife
Arusha. The High Court of Tanzania, Manyara Registry, has overturned a lower court ruling that had acquitted Major Gidarge and Hussein Ally, and instead convicted them in absentia for the illegal possession of government trophy.
On June 10, 2024, in Kambini, Gijedaboung Village, Babati District, the two were allegedly found in possession of five elephant tusks and three additional pieces equivalent to four elephants killed without authorisation from the Directorate of Wildlife.
They were initially charged in Babati District Court but acquitted. The High Court ruling, delivered on September 12 2025 by Judge Devotha Kamuzora, found that the lower court had erred in releasing the accused.
Judge Kamuzora noted that the lower court failed to properly assess and weigh the evidence, ignored critical admissions by the appellants, and dismissed key exhibits including the search order and seizure certificate.
During the appeal hearing, the Republic was represented by Lawyer Leonce Bizimana, who informed the court that the appellants could not be reached through their addresses.
Notices had been published three times in the Mwananchi newspaper, but the accused did not appear, allowing the hearing to proceed under Section 403 (2) of the Criminal Procedure Act (CPA).
Lawyer Bizimana argued that the lower court wrongly held that the charges were unproven, failed to properly analyse the evidence, and misjudged witness credibility. He emphasised that voluntary confessions and prior warnings by the accused were sufficient to establish guilt.
Judge Kamuzora reviewed the record and found that the prosecution had proven beyond doubt that the accused possessed government property illegally.
He highlighted discrepancies in the lower court’s ruling, including its contradictory findings and failure to give due weight to the prosecution’s evidence.
Consequently, the High Court set aside the acquittal and convicted Major Gidarge and Hussein Ally under Section 86 (1) and (2)(b) of the Wildlife Conservation Act, Section 14 of the First Schedule, and Sections 57(1) and 60(2) of the Economic and Organised Crime Control Act (EOCCA).
