Khalid Rafii Mojamed vs The Republic, Criminal Appeal No 398 of 2021.

This case was about mainly two issue first was the issue of visual identification  and elements of armed robbery in Tanzania.

Please read the facts and download the copy below.

evidence o f visual identificationas Courts in

East Africa and England have warned in a number of cases, is o f the weakest kind and most unreliable. It follows therefore, that no court should act on evidence o f visual identification unless all possibilities of mistaken identity are eliminated and the court is fully satisfied that the evidence before it is absolutely watertight [Emphasis added]

The Court acknowledged that although there were no straightforward rules for determining disputed identity, a proper resolution of such a question would involve showing on the record a careful and considered analysis of all the surrounding circumstances of the case. To illustrate the point, the Court stated, at p. 252, that:

“We would, for example, expect to find on record questions as the following posed and resolved by him: the time the witness had the accused under observation; the distance at which he observed him; the conditions in which such observation occurred, for instance, whether it was day or night-time, whether there was good or poor lighting at the scene; and further whether the witness knew or had seen the accused before or not These matters are but a few o f the matters to which the trial Judge should direct his mind before coming to any definite conclusion on the issue o f identity

[Emphasis added]

A court classifeid element of armed robbery in Tanzania:

To establish the accusation of armed robbery, the prosecution was .enjoined to establish three ingredients:

 one, there must be proof of 

stealing. 

Two, there must be proof of the use of or threat to use a dangerous or offensive weapon or instrument at or immediately before or after such stealing. 

Three, it must be proven that the use of or threat to  use violence was directed against a person for the purpose of obtaining or 

retaining the stolen property.

Hence the appeal was dismissed.