The Appellant was tried and convicted by the District Court
of Magu for the offence of robbery with violence contrary to section 285 and
286 of the Penal Code [Cap 16 R.E. 2002]. He was sentenced to serve fifteen
years in prison. The Appellant was in addition ordered to compensate the
complainant a total of Tshs. 35,000/= and one bicycle. He appealed to the High
Court of Tanzania at Mwanza against the conviction and sentence. Mwangesi, J.,
the learned Judge of the first appellate court found the appeal before him to
be devoid of merit and dismissed it. The learned Judge also upheld the
sentence, describing it to be the minimum sentence for the offence for which
the Appellant was convicted. The Appellant has preferred this second appeal to
this Court raising several grounds including that the judge of the first appeal
failed to note that the Preliminary Hearing was not properly conducted and that
the evidence of the prosecution witnesses was not credible.