Arusha. The fate of Masumbuko Madata, who was sentenced to death by hanging for the murder of a child with albinism, has taken a dramatic turn after the Court of Appeal quashed his sentence after 15 years, leaving the Director of Public Prosecutions (DPP) to decide whether to try him afresh.
Mr Madata had been incarcerated since May 31, 2011, when the High Court in Tabora convicted him of murdering Easter Charles, whose body was discovered dumped with both legs severed.
It was alleged that on October 19, 2008, in Shilela Village, Kahama District, Shinyanga Region, the appellant and two accomplices killed the young girl.
Delivering judgment in Appeal No. 228 of 2023 on Tuesday, August 11, 2026, a three-judge panel comprising Justices Gerald Ndika, Benhajj Masoud, and Dr Yose Mlyambina set aside the conviction.
Justice Masoud clarified that the court had not acquitted Mr Madata, but ordered that he remain in custody while giving the DPP 60 days to determine whether to file fresh charges against him.
The trial
Mr Madata was initially charged alongside Mr Charles Karamji and Mr Medard Maziku with the murder of Easter.
The prosecution alleged that on the night of the incident, the trio forcibly entered the house where the child was sleeping with her mother, abducted her, and later dumped her mutilated body.
The High Court in Tabora subsequently found all three guilty and sentenced them to death by hanging.
The appeals
Dissatisfied with the ruling, Mr Madata filed a notice of intention to appeal.
However, before his appeal could be heard, his two co-accused successfully appealed against their convictions.
The Court of Appeal quashed the proceedings and judgment against them and ordered a retrial.
The appellate court reached that decision after discovering severe procedural flaws in the trial record that compromised the entire trial.
Because Mr Madata was not a party to his co-accused's appeal, he chose not to proceed with his initial notice of intention to appeal at the time.
Subsequently, the DPP filed a notice declaring his intention not to retry the two co-accused, leading to their release.
In 2023, Mr Madata formally launched an appeal challenging his conviction and sentence.
During the hearing, both defence and prosecution counsel informed the appellate bench that, following the court's earlier decision regarding the co-accused, the original trial proceedings had effectively been invalidated in law.
Counsel argued that since the original trial proceedings and judgment were set aside, no legal conviction remained for Mr Madata to challenge.
Mr Madata's lawyer argued that although his client was not part of the initial appeal, he should benefit from the ruling, proposing that the DPP be granted 60 days to decide whether to institute fresh proceedings.
Court ruling
Agreeing with the arguments, the Court of Appeal ruled that Mr Madata was entitled to benefit from the decision that invalidated the trial of his co-accused.
Justice Masoud stated that quashing the original proceedings meant the legal foundation for Mr Madata’s conviction and death sentence no longer existed.
Exercising its revisionary powers under Section 6(2) of the Appellate Jurisdiction Act (AJA), the bench set aside Mr Madata’s conviction and death sentence.
"The appellant initiated an appeal challenging a judgment arising from proceedings already set aside by this court in Criminal Appeal No. 34 of 2016. We find it prudent to exercise our revisionary powers under Section 6(2) of the AJA to quash the conviction and set aside the death sentence," ruled Justice Masoud.
"Regarding a retrial, we leave it to the DPP to decide within 60 days of this judgment. Meanwhile, the appellant shall remain in custody," concluded the judge.
Register to begin your journey to our premium contentSubscribe for full access to premium content
