On 2nd January 2006, at Lugalawa village in Njombe, one Bonifasia Mgimba went to visit her father who was living in a makeshift shelter at a farm area. Unfortunately, she found him dead. She reported the matter to relatives immediately and later the Police were notified. A doctor who examined the dead body reported that death was due to multiple body wounds which bled severely. About three to four months later, one Ernesto s/o Mgina boasted to have killed the deceased at a pombe shop. As a result, he was arrested in connection with that statement and sent to the Police Station. The Police widened the scope of their investigation by conducting wide-range interrogations which resulted in the arrest of the Appellant. The Appellant was implicated in the murder of the deceased when his house was searched on 9th August 2006 where some of the deceased’s properties (a pair of shoes and a knife) were found. Consequently, the Appellant was charged with the offence of murder in the High Court. He was convicted and sentenced to suffer death by hanging. Aggrieved, the Appellant appealed to the Court of Appeal on a number of grounds including the one that he was improperly convicted on basis of circumstantial evidence only. In the course of the hearing of the appeal, it came to the notice of the Court of Appeal that the assessors had been withdrawn from the trial so that the High Court could receive extra-judicial statements and no explanations were given on the manner the exhibits were handled before they were presented to the trial court.