The Court of Appeal in Tanzania has freed teacher Makame Lipwata, who was serving a 30-year prison sentence for sodomy, after finding critical flaws in the evidence used to convict him. Lipwata, formerly a tutor at Mahaika Primary School in Kigamboni, Dar es Salaam, was accused of committing the offence on December 13, 2020, in the Mbagala Saba Saba area of Temeke, against a minor reportedly aged 14.
According to prosecution records, the complainant knew Lipwata and lived in the same room after being taken in from a bus stand, where he had been living in vulnerable conditions. The youth had migrated from the Tanga Region after completing primary education, surviving through begging, petty theft, and informal jobs, before Lipwata allegedly engaged him to manage a shoe kiosk.
The complainant testified that on the night of the incident, while sharing a bed, Lipwata assaulted him and ordered him to keep the matter secret. In his defence, Lipwata acknowledged living with the youth out of charity but strongly denied the charge, maintaining that he was targeted because he was unmarried and had a record of sheltering destitute youngsters.
Lipwata faulted the State for failing to produce medical examination reports. Following a guilty verdict and a 30-year sentence in the District Court, an initial appeal to the High Court upheld the judgment. Lipwata then lodged an appeal against the Republic, which was heard by a three-judge bench comprising Justices Augustine Mwarija, Panterine Kente, and Zainab Muruke.
The judges delivered their ruling on September 23, 2026, finding critical flaws in the evidence used to convict Lipwata. Justice Kente observed that although the law permits convictions in sexual offences based on uncorroborated victim testimony, courts must rigorously test witness credibility.
The appellate court emphasised that trial magistrates must assess demeanour, consistency, reporting timelines, corroborative leads, and emerging contradictions. They highlighted that the matter was reported more than two months late and that the medical report was withheld, making it unsafe to rely solely on the uncorroborated evidence.
Consequently, the Court of Appeal allowed the appeal, quashed both the conviction and the 30-year sentence, and ordered Lipwata's immediate release unless held on other lawful grounds. The court stressed that courts must record clear reasons satisfying them that a complainant is truthful, as per Section 135(6) of the Evidence Act.
Key points
- The Court of Appeal acquitted Makame Lipwata due to critical flaws in the evidence used to convict him.
- Lipwata was serving a 30-year prison sentence for sodomy charges.
- The court emphasised the importance of testing witness credibility and producing corroborative evidence in sexual offence cases.
