Arusha. The Court of Appeal has dismissed an appeal by Mr Rajabu Juma, popularly known as Mwashiuya, upholding his life sentence for raping his eight-year-old daughter's friend.
Mr Juma appealed against the decision of the Songwe Resident Magistrate's Court, which had upheld the judgment of the Mbozi District Court.
The lower court convicted him of rape, sentenced him to life imprisonment, and ordered him to pay the victim Sh2 million in compensation.
Court records show the incident occurred in April 2013 in Ilolo Village, Mbozi District, Songwe Region.
Evidence presented during the trial revealed that the child had visited Mr Juma’s home to play with his daughter.
Mr Juma informed the victim that his daughter had gone to fetch water.
As the child prepared to leave, Mr Juma grabbed her hands, dragged her into his bedroom, undressed her, and raped her.
Following the assault, Mr Juma threatened to kill the child if she disclosed what had transpired.
Due to persistent health complications between 2014 and 2017, the child was taken to Vwawa District Hospital for examination on June 12, 2017.
Medical tests revealed she had contracted HIV and was no longer a virgin.
During routine counselling, the child informed healthcare workers that she had been sexually assaulted once and identified Mr Juma as the perpetrator.
Subsequent medical examinations confirmed that the child's parents were HIV-negative, whereas Mr Juma tested positive for the virus.
Delivering the judgment on August 11, 2026, a three-judge appellate panel comprising Justices Gabriel Ndika, Benhajj Masoud, and Yose Mlyambina dismissed the appeal.
Justice Ndika noted that although procedural flaws were identified regarding the admission of exhibits one and two, which were admitted without being formally read into the record, the remaining prosecution evidence was sufficient to sustain the conviction.
Addressing the four-year delay in reporting the crime, the court held that the delay did not undermine the victim's credibility, noting that she was an eight-year-old child who had been threatened with death.
"A four-year period appears remarkably long; however, we find that death threats and trauma prevented her from reporting the crime. Disclosure occurred only by chance after her HIV-positive status was detected. We conclude the delay has been fully and satisfactorily explained," the court ruled.
The bench stated that the child's testimony was corroborated by medical findings, including her HIV diagnosis alongside her parents' negative status.
Furthermore, Mr Juma's positive HIV status strongly corroborated the circumstantial evidence against him.
Consequently, the court ruled that the child’s testimony was credible and consistent with the broader evidence, rendering the grounds of appeal meritless.
Trial history
During the primary trial, the victim testified that Mr Juma assaulted her once.
Medical evidence confirming her HIV status and Mr Juma’s positive status was tendered as exhibits.
The Mbozi District Court subsequently convicted Mr Juma, imposing a life sentence and ordering victim compensation.
Mr Juma's initial appeal to the Songwe Resident Magistrate's Court, presided over by a Resident Magistrate with extended jurisdiction, was dismissed.
Grounds of appeal
In his final appeal, Mr Juma raised six grounds, arguing that the first appellate court failed to re-evaluate the evidence properly.
He also argued that the procedural failure to read exhibits one and two upon admission breached legal procedure and violated his right to a fair trial.
Additionally, Mr Juma challenged the victim's credibility due to the four-year reporting delay and claimed his defence was disregarded.
The Court of Appeal dismissed all grounds, affirming his life sentence and compensation order.
