High court upholds life imprisonment sentence for four gang rape convicts

DODOMA: DODOMA’s High Court has upheld the life imprisonment sentence imposed on four men convicted of gang rape against a 17-year-old girl from Yombo Dovya in Dar es Salaam, while setting aside their conviction and sentence for the offence of unnatural offence (carnal knowledge against the order of nature).

Delivering the judgment today, Judge Amiri Mruma ruled that the four convicts, including the former Tanzania People’s Defence Force (TPDF) soldier MT 140105 Clinton Damas alias Nyundo, prison officer C.1693 Praygod Mushi, Nickson Jackson known as Machuche, and Amin Lema alias Kindamba, will continue to serve their life sentences imposed by the Dodoma Resident Magistrate’s Court on September 30, 2024.

The convicts had appealed the lower court’s ruling in Criminal Case No. 23476 of 2024, which found them guilty of gang rape and committing unnatural acts against the girl in Dodoma between May 25 and 26, 2024.

In his ruling, Judge Mruma said the High Court was satisfied with the evidence supporting the gang rape conviction, but found that the law does not recognise “gang unnatural offences” as a single charge.

“Even if the offence of unnatural act had been proved, there is no provision in the law that provides for a group offence of that nature. The law only applies to an individual committing such an act. Therefore, sentencing them under a law that does not exist was not proper,” he said.

The judge added that the first offence of gang rape was well established, citing the victim’s detailed testimony on how she was taken from a place known as Rainbow by a man who first had intercourse with her before others joined in.

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“The incident occurred in a small room where four young men participated. The first accused even took pictures of the act. The evidence clearly showed that gang rape occurred,” he said.

However, Judge Mruma noted that while the offence was serious, the court recognised that the offenders were young, aged between 23 and 27, and that their actions arose from what began as reckless behaviour.

“Young people of such age may not have fully matured mental capacities. Life imprisonment or death sentences provide no opportunity for reform. However, the court’s hands are tied,” he remarked, referring to constitutional limits under Article 107A(1), which makes the court the final arbiter in matters of justice.

He ruled that the four convicts will continue serving their life imprisonment sentence for gang rape but have the right to appeal.

Speaking to reporters shortly after the ruling, defence lawyer Godfrey Wasonga said his clients were dissatisfied with the decision and would file an appeal.

State Attorney Lucy Uisso said the judge carefully reviewed the evidence and also raised the need for legal reforms, particularly in relation to “group unnatural offences” and sentencing of young offenders.

“The judge has recommended that the law be amended to address group offences such as gang sodomy and to reconsider life imprisonment for youthful offenders whose mental maturity may not yet be fully developed,” she said.