BY KUSEKWA KUSEKWA
The Respondent, Hamisi Abdallah Matandaya, alias Sir Mapua, is found guilty of unnatural offence and is hereby convicted accordingly.
“Having considered the aggravating and mitigating factors, the nature of the offence for which the Respondent was charged and convicted, as well as the punishment prescribed under section 154(2) of the Penal Code, the Respondent is hereby sentenced to life imprisonment in accordance with the law,” the judge declared in a judgement delivered recently.
The Judge ruled that the trial magistrate’s findings were based on misdirection regarding identification, medical evidence and the significance of minor contradictions.
Upon re-evaluation of the evidence, she found that the prosecution had proved its case to the required standard.
She further observed that carnal knowledge against the order of nature was unequivocally demonstrated through the clear and detailed testimony of the victim, who described how the Respondent committed the offence, evidence which was corroborated by doctors.
The charge sheet showed that the offence was committed on October 13, 2024, at an undisclosed secondary school in Korogwe District, Tanga Region.
The High Court at Tanga had quashed the acquittal of a secondary school teacher, Hamisi Abdallah Matandaya, alias Sir Mapua, by the Korogwe District Court where he was charged with having unnatural sex with a 14-year old girl.
Judge Happy Ndesamburo so ordered after she allowed an appeal lodged by the state to challenge the judgement of the district court, which said the prosecution had failed to prove their case beyond reasonable doubt.
