How he killed his lover before going to police to report the death

Geita. It is unusual for a person to commit a crime and then walk into a police station to report it, but that is what Amos Erastos Vitalis did after killing his lover, according to evidence presented before the High Court.

The accused locked the room where the woman's body was found before going to a police station and telling officers that he believed he had killed his lover.

According to prosecution evidence, a resident of Fadhili Bucha in Geita District, Mr Vitalis, caused the death of his lover, Ms Marina Julius, on March 3, 2026, after discovering financial and romantic messages on her mobile phone.

He was subsequently charged with manslaughter, contrary to sections 195(1) and 198 of the Penal Code, Cap 16, as revised in 2023.

The prosecution case was built largely on circumstantial evidence, as no witness testified to having seen Mr Vitalis kill Ms Julius.

Events leading to the death

The third prosecution witness, Mr Charles Boniphace, told the court that Mr Vitalis had been his tenant since February 2026 at Mwatulole-Fadhili Bucha, where he occupied one of the rooms.

Although they had agreed on monthly rent of Sh100,000, Mr Boniphace said they did not enter into a written tenancy agreement.

The second prosecution witness, Police Corporal Halima, told the court that on the morning of March 3, 2026, Mr Vitalis arrived at Geita Police Station appearing anxious.

She said he told her that he believed he had killed his lover.

According to the witness, Mr Vitalis explained that he had discovered financial and romantic messages on Ms Julius's phone.

He then met her at Morning Star before they returned to his room to discuss their relationship.

An argument subsequently broke out, according to the prosecution evidence.

Police Corporal Halima directed Mr Vitalis to the Officer Commanding Station (OCS), who instructed the Officer Commanding Criminal Investigation Department (OC-CID) for Geita District to handle the matter in accordance with the law and established procedures.

Meanwhile, the fourth prosecution witness, Ms Asha Salehe, who was also a tenant in the same building, told the court that between 7 am and 8 am she saw Mr Vitalis arrive with a woman.

She said the two entered his room.

Ms Salehe later saw Mr Vitalis leave alone before returning in handcuffs accompanied by police officers.

Body found in locked room

The sixth prosecution witness, Assistant Superintendent of Police (ASP) Tungaraza Ntemi, told the court that after receiving information from the OC-CID that a person had reported killing his lover, he went to the scene with a team of police officers and the accused.

According to the evidence considered by the court, Mr Vitalis opened the room where the body was found.

The body of a woman was inside, with blood visible on the bed and floor.

Police also recovered a knife without a handle and a damaged Samsung mobile phone.

However, neither the knife nor the phone, nor the seizure certificate, was produced in court as an exhibit.

At about 10 am on the same day, the first prosecution witness, neighbourhood chairperson, Mr Edward Nyanda, arrived at the scene after being informed about the incident.

He told the court that he found Mr Vitalis in handcuffs.

After the accused opened the room, Mr Nyanda said he saw the body of a woman covered with a Maasai sheet, with blood visible on the bed and floor.

The eighth prosecution witness, Police Sergeant Matete, testified that he recorded Mr Vitalis's cautioned statement on March 3, 2026.

He said the statement contained an admission by the accused concerning Ms Julius's death and was subsequently admitted in evidence as Exhibit PE2.

Accused denies killing woman

In his defence, Mr Vitalis denied knowing Ms Julius or being involved in her death.

He also denied being a tenant of Mr Boniphace or ever living in the area, telling the court that he lived with his father at Finca Street.

However, he did not call his father to support that claim.

The accused also denied reporting the incident to the police.

Instead, he maintained that he had been arrested on March 1, 2026, searched and stripped of his identity documents, mobile phone and Sh150,000 before being remanded in custody until he was taken to court on March 24, 2026.

He challenged Ms Salehe's evidence concerning his presence at the scene, particularly her claim that she saw him enter the room with the deceased.

He also criticised the police investigation, arguing that the prosecution had failed to produce the seized items in court, conduct forensic examinations or prepare a sketch map of the scene.

The accused referred the court to the position established in Criminal Appeal No. 241 of 2024.

He also denied writing Exhibit PE2, claiming that his signatures had been forged and that the statement had not been made voluntarily.

He asked the court to disregard the exhibit and acquit him, insisting that he had not been involved in Ms Julius's death.

Judge's verdict

On August 28, 2026, the High Court, Geita Registry, before Judge Griffin Mwakapeje, found Mr Vitalis guilty of manslaughter and sentenced him to 15 years in prison after finding that the prosecution had proved its case beyond reasonable doubt.

In the judgment posted on the Judiciary's website on August 31, 2026, Judge Mwakapeje said no witness had seen the accused kill the deceased and that the prosecution case was based entirely on circumstantial evidence.

“What has been proved beyond reasonable doubt is that Ms Marina Julius died from a severe physical injury and that the accused was with her in his room shortly before her death,” said the judge.

“She was found dead in that room, and the accused himself, according to the second prosecution witness, reported that he believed he had killed his lover before the police discovered the body,” added Judge Mwakapeje.

The judge said the eighth prosecution witness had testified that Exhibit PE2, the accused's cautioned statement, contained an account of an argument between him and the deceased over financial matters and romantic messages found on the phone.

“Taken together, all these circumstances establish that the accused was responsible for the unlawful act that caused the death,” said Judge Mwakapeje.

He rejected the defence suggestion that another unidentified person could have entered the room and inflicted the fatal injury.

“I have not found any basis for the theory that an unidentified person could, hypothetically, have entered the room and inflicted the injury that caused the death. That is mere speculation unsupported by any evidence on record,” he said.

“Therefore, I find that the prosecution has proved beyond reasonable doubt that Marina Julius died as a result of an unlawful act and that the accused, Amos Erastos Vitalis, caused her death,” added the Judge.

However, the judge found that the prosecution had not established the element of malice aforethought required to sustain a murder conviction.

“I find that the prosecution has not proved beyond reasonable doubt the existence of malice aforethought to the extent required to sustain a murder charge. The unlawful killing is therefore properly classified as manslaughter,” he said.

“Accordingly, the accused, Amos Erastos Vitalis, is found guilty and convicted of manslaughter, contrary to sections 195 and 198 of the Penal Code, Cap 16, 2023 Revised Edition,” added Judge Mwakapeje.

Prosecution seeks stiff sentence

Following the conviction, State Attorney, Ms Deodatha Dotto asked the court to impose a stiff custodial sentence.

She told the court that although the accused had no previous criminal record, the prosecution wanted a sentence that reflected the seriousness of taking another person's life.

“The manner in which the offence was committed also aggravates its seriousness, as the deceased was strangled, as stated in the offender's cautioned statement, even though the incident arose from a dispute in a romantic relationship,” said the State Attorney.

“The offender has shown no remorse for the loss of life. In these circumstances, we ask the court to impose a custodial sentence that properly reflects the seriousness of the offence, fulfils the objectives of punishment and deters similar acts,” she added.

Defence lawyer Yisambe Siwale, however, asked the court to reduce the sentence.

He argued that Mr Vitalis was a first-time offender, a fact that had been acknowledged by the prosecution.

Mr Siwale also asked the court to consider the circumstances surrounding the offence, arguing that it arose from a romantic relationship characterised by jealousy, emotional distress and insults and ultimately resulted in Ms Julius's death.

15-year sentence

After hearing submissions from both sides, Judge Mwakapeje said the applicable sentencing guidelines provided for a sentence ranging from 10 years' imprisonment to life imprisonment.

The court therefore had to determine an appropriate sentence based on the circumstances of the case.

“In doing so, the court has considered the seriousness of the offence and the circumstances in which it was committed. The life of the deceased, a 26-year-old woman, was unlawfully cut short,” said Judge Mwakapeje.

The judge said the court had also considered the accused's mitigation.

Although the prosecution had sought a stiff sentence, the judge found that a life sentence was inappropriate in the circumstances.

He consequently sentenced Mr Vitalis to 15 years in prison for manslaughter.