Dar es Salaam. A second attempt by former Kinondoni District Investigation Officer (OC-CID), Christopher Bageni to challenge a death penalty which was handed after he was convicted of killing three miners and a taxi driver has stalled at the Court of Appeal.
The country's highest court has dismissed a petition filed by Bageni, seeking a reversal of the conviction.
The court stated that his reasons for requesting that the sentence be reversed were baseless, as Bageni filed another application for referral requesting the same thing.
Judges Gerald Ndika, Mwanaisha Kwariko and Barke Sehel, who heard the application, were satisfied with the Republic’s argument that the application was opened out of time.
Bageni and 12 other police officers, including the former Dar es Salaam Regional Criminal (RCO), Abdallah Zombe, were indicted in 2006 for the murder of three miners from Mahenge, Morogoro.
This is the second attempt by Bageni to seek freedom, after his first application was rejected by the court in September 2019 for lack of legal grounds.
In his second attempt to persuade the court, Bageni, attached the decision of a court-ordered case which shows that the court can hear appeals against other appeals.
However, his efforts hit a snag yesterday after the Court of Appeal raised the issue of the validity of the application and forced him to withdraw from the court.
State attorney Monica Mbogo, lodged an objection stating that the applicant had already filed such an order, so he had no legal right to file such an application again.
Bageni, who was not represented by a lawyer, argued with the State's attorney claiming the Government had no underlying reasons.
"This application was submitted in 2019 and was ready to be heard yesterday. Now the Government is coming today with this objection which is just a ploy to want to delay the hearing of this application. So I ask you to see that the Government has no ground to reject it, ”said Bageni.