The Court of Appeal in Tanzania has ordered the immediate release of Damian Krzysztof Jankowski, a Polish national, and his Tanzanian wife, Eliwaza Pyuza. The couple was serving 30-year prison sentences for offenses related to cannabis. A three-judge panel delivered the judgment on October 26, 2026, allowing their appeal, quashing their convictions, and setting aside the sentences imposed on them.
Jankowski and Pyuza were convicted in 2021 by the Moshi District Court on three counts of cultivating, transporting, and possessing prohibited plants or drugs. Pyuza faced an additional charge of using narcotic drugs. The charges stemmed from incidents on February 8, 2020, at Himo Junction and Shirimatunda in Moshi District. The prosecution alleged that the couple cultivated 729 cannabis plants and transported 15.6 and 1.6 kilograms of cannabis, respectively.
The district court sentenced them to 30 years in prison on each of the first three counts, with the sentences to run concurrently. Pyuza was also fined Sh4 million on the fourth count, with a three-year prison term as an alternative for failure to pay. The High Court in Moshi upheld their convictions, finding that the prosecution had proved its case beyond reasonable doubt. However, the Court of Appeal found serious legal and evidential shortcomings in the case.
The Court of Appeal identified several issues with the case, including the unlawful search of the couple's home, defects in seizure certificate P19, and insufficient evidence to support the drug-use charge against Pyuza. The judges ruled that the search conducted at the couple's Shirimatunda home on February 8, 2020, was unlawful due to the lack of a search warrant and the fact that it took place at night.
The judges also found that the prosecution had failed to establish that all 729 plants allegedly recovered from the farm were cannabis, as there was no evidence that every plant had been individually tested or examined in a laboratory. Furthermore, they held that the prosecution had not adequately addressed the possibility of passive exposure to smoke from burning cannabis plants at the scene, which could have led to the presence of THC metabolites in Pyuza's urine.
The Court of Appeal's judgment highlighted the importance of procedural safeguards in protecting citizens against abuse and preserving the chain of custody of evidence. The judges stressed that such safeguards are essential in ensuring that the rights of accused persons are protected and that justice is served. The couple's advocate, Median Mwale, had argued that the convictions were improperly based on seizure certificate P19, which was not signed by the appellants or authenticated by an independent witness.
The acquittal and release of Jankowski and Pyuza have significant implications for the justice system in Tanzania. The case highlights the need for law enforcement agencies to follow proper procedures when conducting searches and gathering evidence. It also underscores the importance of protecting the rights of accused persons and ensuring that justice is served. The couple's ordeal serves as a reminder of the need for vigilance in upholding the rule of law and protecting human rights.
Key points
- The Tanzanian Court of Appeal acquitted and released a Polish man and his Tanzanian wife who served 30-year prison sentences for cannabis-related offenses due to serious legal and evidential shortcomings in the case.
- The Court of Appeal found that the search conducted at the couple's home was unlawful, and the prosecution had failed to establish that all 729 plants allegedly recovered were cannabis.
- The judges also found that the prosecution had not adequately addressed the possibility of passive exposure to smoke from burning cannabis plants, which could have led to the presence of THC metabolites in Pyuza's urine.
