Appeal fails as court upholds 30-year prison sentences for 2016 gang robbery

Musoma. A group of bandits who raided a guesthouse and robbed guests at gunpoint have failed to overturn their 30-year prison sentences after appealing their convictions.

The trio’s efforts to challenge their fate ended with a ruling by the Court of Appeal on December 27, 2024.

The crime occurred on the night of December 2, 2016, at Mjaja Guesthouse in Magunga Village, Butiama District, Mara Region.

Armed with firearms and machetes, the robbers, disguised as police officers, deceived guests into opening their doors under the pretense of conducting a routine inspection.

The situation quickly escalated into a violent robbery.

The accused, Saimon Samson (aka Mwita), Chacha Gisinda (alias Mahairi), and Zephania Mabura – were initially convicted by the Butiama District Court on 12 charges of armed robbery, including the theft of money, mobile phones, and valuables.

They appealed to the High Court, but their case was dismissed. The Court of Appeal’s final decision confirmed their convictions on two of the charges, with the remaining ten overturned.

The appellants now face the full weight of their 30-year sentences, having exhausted all legal avenues for appeal.

The ruling, delivered by Judges Shaban Lila, Pantrine Kente, and Leila Mgonya, upheld two of the original charges, marking the end of the robbers’ legal battle.

How the robbery unfolded

On the night of the robbery, the guesthouse, which also featured a bar, was quiet with guests in their rooms.

Armed with firearms and other weapons, the bandits arrived, presenting themselves as police officers searching for criminal suspects.

Samson, the first appellant, approached the security guard at the gate, claiming the need to check the guestbook for potential criminals.

After entering the premises, the robbers revealed their true intentions. They first targeted the cashier, stealing cash and mobile phones, including proceeds from drink sales.

They then moved through the guesthouse, demanding valuables from the tenants and forcing them to submit to invasive searches.

Women were subjected to disturbing and humiliating searches, and guests were threatened at gunpoint.

One guest, a man named Danny, grew suspicious after noticing discrepancies in the robbers’ behavior and speech.

When the robbers knocked on his door, he and his partner refused to open it.

Danny contacted the Butiama District Criminal Investigation Officer (OC-CID), who confirmed that no police officers had been sent to the area and promised to dispatch a team to confront the robbers.

While Danny and his partner remained inside their room, the robbers, aware of the couple’s refusal, began calling Danny by name, trying to intimidate him into opening the door.

When threats to kill them failed, Samson attempted to break down the door.

When this failed, he ordered Mabura to shoot through the cracks, firing several shots into the room.

One of the shots hit Danny’s partner in the thigh, forcing them to open the door.

Like the other guests, Danny and his partner were robbed before the gang fled. By the time the police arrived, the robbers were gone.

A manhunt ensued, leading to the arrest of Samson, Gisinda, and Mabura.

They later confessed to the crime, with one of them admitting their involvement to the guesthouse security guard.

Legal proceedings, appeals

At trial, the three men denied the charges, presenting an alibi that they were not at the scene, despite witness testimony to the contrary.

The Butiama District Court convicted them on all 12 charges, sentencing each to 30 years in prison.

The defendants filed an appeal to the High Court, but their conviction was upheld.

Undeterred, they sought a further appeal to the Court of Appeal, arguing two main points: that the identification evidence was insufficient, and that their confessions were coerced and obtained unlawfully.

Representing themselves in court, they contested the reliability of witness identifications and the use of their police confessions as evidence.

However, after reviewing the case, the Court of Appeal judges found that the identification of the appellants by four witnesses was accurate and credible.

Despite the challenges of the robbery occurring at night, the judges concluded that the appellants' involvement had been sufficiently proven.

The judges agreed with the prosecution that two charges, in particular, were proven beyond a reasonable doubt.

However, they also noted that the prosecution had failed to call the robbery victims to testify.

This lack of direct victim testimony, coupled with the absence of evidence detailing how the stolen goods were taken, led the judges to overturn ten of the charges.

In their judgment, the judges emphasized the importance of presenting comprehensive evidence in armed robbery cases.

"The prosecution must establish how the robbery occurred," the judges stated.

With no clear explanation of how the victims' belongings were stolen, the court found the prosecution’s case lacking on several charges.

Final judgment

Despite these setbacks, the Court of Appeal upheld the 30-year sentence for two charges, marking a partial victory for the prosecution.

The robbers’ convictions on charges three and seven remained intact, but the remaining counts were dismissed due to insufficient evidence.

With this ruling, the appellants have no further legal recourse. The Court of Appeal’s decision seals their fate, ensuring they will serve their sentences for their role in the violent 2016 robbery at Mjaja Guesthouse.