Arusha. The High Court of Tanzania, Morogoro Sub Registry, has quashed the conviction and 30-year prison sentence of Thomas Francis and Clarence Francis after finding the prosecution failed to prove the charge of armed robbery beyond reasonable doubt.
The appellants were convicted by the Kilosa District Court for allegedly committing armed robbery on July 6, 2024, at Mbegesela hamlet in Ikombe village, Mikumi Ward, Kilosa District, where they were accused of stealing Sh8 million from Mr Hamis Ndemeka and threatening him with a machete.
However, in a ruling delivered on Friday, June 19, 2026, Justice Stephen Magoiga overturned the conviction following their appeal.
He said the trial was marred by evidential gaps and legal irregularities, including failure to administer oaths or affirmations to the accused and witnesses before giving evidence.
In their appeal, the appellants raised eight grounds, arguing the prosecution failed to prove the existence of the alleged Sh8 million or how it was stolen, and that the trial court failed to properly evaluate defence evidence, including a claimed land dispute with the complainant.
They also cited inconsistencies in prosecution testimony, saying key accounts did not corroborate the complainant’s version of events.
They further argued the investigation was defective, as the case was initially reported as assault and later changed to armed robbery, with no money, weapon, or bag ever recovered or produced in court.
Justice Magoiga noted serious doubt arising from the shift in classification nearly a year after the incident.
He said the investigating officer gave no explanation why the initial report did not refer to stolen money, despite the complainant being issued a PF3 form and taken to the hospital.
The court held this unexplained change weakened the prosecution's case.
The judge also noted that although the appellants were arrested on July 6, 2024, and granted police bail, they were not arraigned until June 25, 2025, almost a year later, with no satisfactory explanation for the delay, raising fair trial concerns.
On evidence, the court found no proof that the alleged machete, cash, or bag were recovered or linked to the appellants, or that they were ever searched in connection with the offence.
Justice Magoiga said this failure to trace or produce key exhibits fatally weakened the prosecution's case.
The court also questioned the cause of the complainant’s injuries, noting that while a machete attack was alleged, the investigating officer also observed broken glass and blood at the scene, leaving uncertainty over how the injuries occurred.
It further identified contradictions in witness testimony, including claims unsupported by the complainant’s own evidence, and noted a long-standing land dispute between the parties which could not be ignored in assessing credibility.
The High Court also found procedural irregularities in the District Court trial, where witnesses and appellants testified without being sworn or affirming statements as required by law.
However, Justice Magoiga ruled that a retrial was unnecessary, stating the prosecution's case itself fell far below the standard of proof beyond reasonable doubt.
“I find that the prosecution failed to prove the case beyond reasonable doubt,” he said.
The court allowed the appeal, quashed the conviction and 30-year sentence, and ordered the immediate release of the appellants.
