Arusha. The High Court of Tanzania, Sumbawanga Sub-Registry, has conditionally discharged Mr Ng’umbu Kapeza, popularly known as Masanja, after noting a reconciliation reached with his former wife, whom he attacked with a machete, with the pair later restoring their relationship and even having a child after the incident.
The ruling was delivered on Friday, May 29, 2026, by Justice Thadeo Mwenempazi, who ordered that the accused be released on condition that he does not commit any criminal offence for 12 months.
The court said that despite the seriousness of the offence and the severe harm suffered by the victims, it also considered the reconciliation between the parties, the remorse shown by the accused, and the fact that peace had been restored within the family.
Mr Kapeza faced two counts of attempted murder, contrary to section 211(a) of the Penal Code, and causing grievous harm, contrary to section 222(a) of the same law.
According to court records, the incident occurred on the night of December 23, 2023, at the Kashelami area in Mpanda District, Katavi Region, when the accused attacked the home of John and Tatu while they were asleep.
The court heard that Tatu was formerly married to the accused before they separated, and she began living with John.
It was alleged that the accused, together with two others, forcibly entered the house and attacked the victims using machetes.
In evidence presented in court, Tatu identified the attacker as her former husband.
The matter was reported to the police, and investigations commenced.
Medical reports from Katavi Referral Hospital showed that the victims sustained severe injuries, including broken bones and permanent disability.
The accused was arrested on January 18, 2024, and later gave caution statements admitting involvement in the incident.
During the trial, he pleaded guilty to all charges and admitted the facts presented by the prosecution under section 198 of the Criminal Procedure Act (CPA).
Following the plea, the court convicted him without calling witnesses.
During mitigation, the prosecution urged the court to impose a harsh sentence given the seriousness of the offence and the injuries sustained, despite the accused having no prior criminal record.
The defence, however, asked the court to consider that he was a first-time offender, had pleaded guilty early, had shown remorse, and had cooperated fully with investigations.
It was further argued that the incident was triggered by emotional anger after the accused allegedly found Tatu with another man in circumstances where the separation process had not been formally completed.
The court was also told that the accused is a father of a large family with four wives and 28 children, six of whom are still young and dependent on him.
A key submission in mitigation was that after the incident, the accused and Tatu reconciled, resumed their relationship, and even had a child together.
The court was further informed that Tatu had forgiven the accused and appeared in court to confirm the reconciliation.
In his ruling, Justice Mwenempazi said the court considered both aggravating and mitigating factors.
He noted that despite the seriousness of the offence and the severe injuries suffered by the victims, the accused was a first-time offender, had shown remorse, reconciled with the victims, and restored peace within the family.
The judge further observed that a custodial sentence could disrupt the reconciliation already achieved between the parties involved.
For those reasons, the court invoked its powers under section 38(1) of the Penal Code and ordered that the accused be released conditionally for 12 months, during which he must not commit any criminal offence, failing which he would be brought back before the court for sentencing in accordance with the law.
