JUDGE REJECTS CONVICTION BASED SOLELY ON VISUAL EVIDENCE

By Kusekwa Kusekwa
Judge rejects conviction based solely on visual evidence The High Court in Arusha has ordered the immediate release from prison of a resident of Mto wa Mbu in Monduli District, Leronjo Ladaro, alias Leboi, who was sentenced to 30 years imprisonment for armed robbery at Losimingori Kambi ya Uwindaji in Selala village. Judge Frank Mahimbali gave the order after allowing the appeal which Ladaro, lodged to fault the findings of the District Court of Monduli during the criminal trial. “I find this appeal has merit and I allow it. The appellant’s conviction and sentence meted out are hereby quashed and set aside. Consequently, I order his immediate release from the custody unless otherwise held for some other lawful cause. It is so ordered,” the judge declared in a judgement dated September 15, 2025. He noted that the prosecution’s case hinged on visual identification and confession made by the appellant as the one who committed the offence, a confession that allegedly led to the discovery of the alleged stolen properties. The judge pointed out that evidence based solely on visual identification is generally considered weak and unreliable and for the court to rely on such evidence, it has to satisfy itself that all possibilities of mistaken identity have been eliminated. Otherwise, he said, it is evidence that should be acted upon with great caution and on satisfaction that such evidence was nothing but watertight and all possibility of mistaken identity or fabrication had been eliminated. In the case, the judge ruled that it was undisputed fact that the incident had occurred at midnight and the appellant was a guest of one of the prosecution witnesses, who happened to be the only identifying witnesses. Unfortunately, the witness never specified the time it took to commit the crime but like any other heinous crime, the incident lasted only a few minutes. “I am satisfied that there were material bars affecting proper visual identification of the appellant. Furthermore, even the assertion by the prosecution witnesses that they further identified the appellant through his footprints found around the camp as the area was sandy or it had rained as asserted, the same is unreliable as it is not scientifically proven that the said footprints belonged to the appellant,” he said. It was the prosecution’s case that on October 5, 2024 at Kambi ya Uwindaji known as Losimingori in Selala village at Mto wa Mbu in Monduli District, Arusha region, the appellant stole five pairs of trousers valued at Sh 750,000, four pairs of shirts valued at Sh 200,000 and one pair of shoes valued at Sh 160,000 one. He was also alleged to have stolen a pair of tracksuits valued at Sh. 70,000, one bag valued at Sh. 326,000, in total all valued Sh. 1,506,000, the property of one Gamshad Juma. It was further claimed that immediately before and after the theft, the appellant used a machete to threaten one Gamshad Juma in order to obtain and retain the stolen properties.