Man sentenced to one year over killing girlfriend after being denied intimacy

Arusha. The High Court, Mbeya Sub-Registry, has sentenced Hamphrey Ngogo to one year in prison after finding him guilty of unintentionally killing his girlfriend, Faraja Shabani.

In Criminal Case No. 11 of 2023, the verdict was delivered on March 25, 2025 by Judge Mussa Pomo, with a copy of the ruling available on the judiciary’s website.

Initially, Ngogo was charged with murder under Section 196 of the Penal Code. However, it was alleged that at the time of the offence, he was 17 years old.

The incident reportedly took place on September 2, 2022 in Mkuyu, Iganzo Ward, Mbeya Region. The prosecution claimed that Hamphrey admitted to committing the offence, stating that on the day of the incident, he went to Faraja’s home intending to be intimate with her. However, when she refused, he strangled her to stop her from screaming.

It was alleged that despite his attempt to silence her, she continued to scream, prompting him to grab an axe and strike her on the head. Upon realising she was unresponsive, he fled the scene.

Court testimonies

Former local chairman Justine Daiwelo testified that on September 2, 2022, he was called by the ten-cell leader about the incident. When he arrived at the scene, he found a crowd gathered.

Upon entering the victim’s room, he saw blood splattered beneath the bed, and the carpet was soaked in blood. Later, he received a call from the ten-cell leader, informing him that a young man, identified as the suspect, had been found hiding at his home.

Sergeant David, who investigated the case, testified that upon arriving at the crime scene, he found bloodstains under the bed in the victim’s room and an iron-handled axe in the corridor.

Upon arrest, the suspect confessed that he went to Faraja’s home to be intimate with her, but when she refused, he strangled her to silence her. When she persisted in screaming, he struck her on the head with the axe, leaving her lifeless.

A post-mortem revealed a severe head injury caused by a heavy object as the cause of death.

A third witness, David Edward, who was under 18, testified under the supervision of Social Welfare Officer Lydia Edson.

He stated that on the day of the incident, he saw Faraja cooking outside while Ngogo approached her. However, he did not hear their conversation.

Later, he no longer saw them outside, but from inside the house, he heard sounds suggesting a struggle. After finishing watering his vegetables, he left.

When he returned later to collect a borrowed card from Faraja, he found the door locked. Even after knocking, no one answered.

He decided to wait outside but soon saw the suspect exiting the house and jumping over the fence before running away.

That evening, at 5pm, he heard news of Faraja’s death and informed his mother, who then reported the suspect to the ten-cell leader.

 In his defence, Hamphrey stated that on the day of the incident, he saw Faraja with another man, whom he suspected to be her lover.

Later, he decided to visit her home to confirm whether she had returned. Upon arrival, Faraja invited him in, and they went to her room. When he confronted her about the other man, she confirmed his suspicions, leading to a heated argument. According to the defendant, their quarrel escalated into a physical struggle, during which he strangled her and pushed her. He claimed that she fell, hitting her head on a stone under the bed. Believing she was still alive, he left the house.

He insisted that he had not intended to kill Faraja.

Judge’s verdict

 After evaluating all the evidence, Judge Pomo stated that the crucial matter for determination was whether the prosecution had proven the case beyond a reasonable doubt.

Given the suspect’s confession, the judge noted that there was no dispute regarding the identity of the perpetrator. However, the court had to assess whether he acted with malicious intent.

Since there were no direct eyewitnesses to the incident, the judge concluded that the altercation arose from an exchange of harsh words, which escalated into the killing.

“The evidence suggests that the accused acted in the heat of the moment rather than with premeditated intent,” the judge stated.

Judge Pomo found Hamphrey guilty of manslaughter under Sections 195 and 198 of the Penal Code.

Taking into account the defendant’s age at the time of the offence (17), his remorse, and the fact that he had been in custody for three years, the judge sentenced him to 12 months’ imprisonment.