Tanzania High Court acquits three in high profile murder case

Arusha. Tanzania’s High Court has acquitted three individuals, including a Tanzanian People's Defence Force (TPDF) soldier, Sergeant Said Makumbusya, who were accused of murdering a 17-year-old boy, Yassir Mpakanjia.

The case at the Dar es Salaam Registry of the High Court, numbered 30 of 2023, also involved Hadija Athuman and Zamda Bilali, who were charged alongside Sergeant Said.

The prosecution alleged that the accused had killed Mpakanjia under the suspicion of theft.

According to testimony, Sergeant Said had reported his phone stolen two weeks prior to the incident and had conducted his own investigation into the theft.

Judge Elizabeth Mkwizu, who presided over the case, ruled on August 30, 2024, that the prosecution had failed to prove the accused's involvement in the murder beyond reasonable doubt. Judge Mkwizu said the evidence presented did not sufficiently connect the accused to the crime, leading to their acquittal.

The prosecution presented eight witnesses and three exhibits, while the defense argued the case without additional witnesses. Despite the detailed testimonies and exhibits, the court found the evidence inadequate to substantiate the charges against the accused.

Case details

Witness Monica Daudi (the deceased’s grandmother) testified that on October 13, 2022, she sent Yassir to buy wheat but he returned with millet. She asked him to bring the correct item, but he did not return.

Later, another boy, Costa, brought wheat and informed her that Yassir had been called by a woman. Monica received a call from Yassir’s mother that evening, informing her of Yassir’s death. Upon arriving at the scene, Monica found Yassir’s body lying on the ground, surrounded by sticks and dried blood.

Witness Nadia Gerald (Yassir’s mother) recounted receiving a call from a friend informing her of Yassir’s death. Upon arriving at the scene, she saw Yassir’s body near the gate, surrounded by a crowd and evidence of violence. She identified some of the individuals present, including the landlord and Sergeant Said.

Witness Hery Mpakanjia (the deceased’s grandfather) confirmed identifying Yassir’s body at Muhimbili Hospital, noting marks and dried blood on it.

Witness Dr Paulo Makoye testified that upon examining Yassir’s body, he observed swelling on the left side of the head and bruises on the body.

Witness Inspector Tumaini Swilla reported recording a witness statement from Mfaume Hamis about Yassir’s death, confirming the involvement of Sergeant Said, Mama Aziza, Bilal, and Aziza’s aunt.

Defense testimonies

Sergeant Said testified that he found his gate open upon returning home and saw a group of people questioning a young man. Said joined the group but later reported the incident to the police. He denied any involvement in Yassir’s death and requested the dismissal of the charges.

Hadija Athuman described witnessing disturbances behind a toilet and recognized the boy as a thief. Despite efforts to stop the violence, the crowd attacked the boy.

Zamda Bilali testified that he saw the boy involved in the commotion and called his in-law after recognizing him as a thief. He noted that the crowd continued to beat the boy despite attempts to question him.

Judge’s Ruling

Judge Mkwizu emphasized that the prosecution must prove criminal charges beyond reasonable doubt, as outlined in section 3(2) of the Evidence Act.

The judge noted that while the accused were present at the scene, mere presence does not imply guilt. The court found that the prosecution had not provided sufficient evidence to link the accused to the murder.

As a result, the accused were acquitted of all charges under section 235(1) of the Criminal Procedure Act.