The Appellant was charged with robbery with violence before the District Court at Tanga. At the trial, the Complainant did not testify as his whereabouts could not be established. Instead, his recorded statement was admitted under the provisions of section 34B of the Evidence Act [Cap 6 R.E. 2002]. Under normal circumstances, such a statement would be produced in court by its maker but the officer who recorded it was also unavailable to give evidence. The Appellant was convicted on the strength of such statement but appealed to the High Court, which dismissed his appeal. He further appealed to the Court of Appeal arguing that there was no sufficient evidence for the trial court to convict him.
The major issue for determination by the Court of Appeal was whether there was sufficient evidence to ground the conviction of the Appellant.