Arusha. The High Court, Arusha Sub-Registry, has sentenced a former security guard at Agobafra Guest House, Mr Jacob Ndoole, to death by hanging after finding him guilty of murdering Oscar Patrice at the establishment in Karatu District, Arusha Region.
The judgment was delivered on April 16, 2026, by Justice Frank Mahimbali, who ruled that the prosecution had proved beyond reasonable doubt that the accused unlawfully caused the death of the deceased with malice aforethought.
In Criminal Case No. 22274 of 2025, Ndoole was charged with murder contrary to Sections 196 and 197 of the Penal Code.
The court heard that on the night of May 26, 2025, in the Manyara Kibaoni area of Karatu District, the accused killed the deceased inside the guest house security room.
The following morning, the body of Oscar Patrice was found inside the guard room with a rope around his neck and visible injuries on his face, neck and ribs. His motorcycle was also found nearby.
Delivering the judgment, Justice Mahimbali dismissed claims of suicide, saying medical evidence showed the deceased died from suffocation caused by physical injuries.
“The medical evidence is clear and consistent that the deceased died due to suffocation caused by injuries, which indicate a physical struggle and not a suicide incident,” he said.
Prosecution case
The prosecution called seven witnesses and tendered four exhibits, including the rope allegedly used in the incident and the deceased’s motorcycle.
Dr Michael Singay, who conducted the post-mortem examination, told the court that the deceased had injuries on the neck, face, and ribs and concluded that the cause of death was suffocation.
Ms Ursulla Zakayo testified that on May 25, 2025, while returning home, she saw two men near the guest house, one dressed in Maasai attire, whom she identified as the accused. She later identified the deceased’s body at the police station.
A bodaboda rider and friend of the deceased, Mr Kelvin Patrick, told the court he saw the accused arguing with Oscar before dragging him into the security room, saying he was unable to intervene as the accused was armed with a knife.
The guest house manager, Ms Rehema Mpanda, testified that the accused was the first person to report the death on the morning of May 26, 2025.
She later found the body and the motorcycle inside the security room and advised him to report the matter to management and the police.
The investigating officer told the court that during interrogation on May 29, 2025, the accused claimed he had arrested the deceased while attempting to rape a woman near the guest house, detained him in the security room, and later found him hanging.
He further alleged that he cut the rope in an attempt to rescue him before reporting the incident.
Defence case
In his defence, Mr Ndoole denied killing the deceased, maintaining that he had arrested Oscar after allegedly finding him attempting to rape a woman near the guest house.
He told the court that he later discovered the deceased had hanged himself in the security room and that he had cut the rope in an effort to save him before reporting the matter.
Court’s decision
In determining the case, the court framed three issues: whether the deceased died by suicide, whether the accused caused the death, and whether malice aforethought under Section 200 of the Penal Code had been established.
The judge also considered that the body was found in a room under the direct control of the accused.
Justice Mahimbali noted that the accused was the last person seen with the deceased alive and had exclusive control of the security room where the body was discovered.
Citing Court of Appeal precedents, the judge held that circumstantial evidence can sustain a conviction if it forms a complete chain excluding all other reasonable hypotheses.
He concluded that the evidence pointed to murder rather than suicide.
“The prosecution evidence, though not based on eye witnesses, forms a complete chain that directly points to the guilt of the accused,” he said.
On malice aforethought, the court found that the nature of the injuries and circumstances demonstrated a clear intent to kill.
“The court is satisfied that the prosecution has proved beyond a reasonable doubt that the accused unlawfully caused the death of Oscar Patrice with malice aforethought. The accused is found guilty of murder and sentenced to death by hanging,” the judgment reads.
