Court acquits woman of attempted murder case

Arusha. The High Court, Musoma Sub-registry, has acquitted Zilipa Makondoro, who had been charged with the attempted murder of George Kaloko after allegedly attacking him with a hoe.

Delivering the ruling on 21st February 2025, Judge Marlin Komba stated that the prosecution failed to prove beyond reasonable doubt that Makondoro was responsible for the attack.

"In criminal cases, the prosecution must prove the accused committed the offence beyond reasonable doubt," Judge Komba said. "In this case, the prosecution failed to establish that the accused was the one who injured the victim or that the attack was intended to cause death."

Conflicting testimonies

The case relied heavily on testimony from Atione Kaloko, the third prosecution witness, who told the court that he heard an argument and saw Makondoro strike George on the head with a hoe before fleeing the scene.

However, the judge highlighted inconsistencies in the prosecution's evidence, particularly regarding the location of the hoe—a key piece of evidence in the case.

While one witness claimed the hoe was left at the crime scene, a police officer testified that it was later found at the home of Zainab Samwel.

"The accused had been in custody since 6th November 2021. How, then, could she have known the location of the hoe on 9th November 2021 and handed it over to police?" Judge Komba questioned.

Lack of medical evidence

Judge Komba also noted that the prosecution failed to provide medical evidence, such as an X-ray report, to determine the severity of the injury.

"Was the injury life-threatening? How severe was it? These critical details were not proven by the prosecution," the judge said.

Earlier, a medical expert, Dr Crispin Mosabi, testified that the victim had suffered a deep head wound, likely caused by a sharp object.

Court’s decision

After reviewing the evidence, the court ruled that the prosecution failed to prove the charge beyond reasonable doubt.

Makondoro was acquitted and set free.