Three men to hang for murder of loan officer

The convicts—Alex Mwakimbwala, Elias Mushi alias Mangi, and Gidioni Ntulo alias Mwankinga—were found guilty of killing Victoria Manase who worked as loan officer at Brac microfinance on June 30, 2017, inside a Bajaji, having posed as passengers.

The country’s highest court in criminal matters delivered its judgment on April 16, 2026, in Mbeya, before a panel comprising Justices Rehema Mkuye, Sam Rumanyika and Ubena Agatho.

According to the prosecution, police discovered the body of the deceased near the Isyesye cemetery area on the day of the incident. She had earlier been reported missing after collecting Sh1.97 million in loan repayments from clients in Isanga area, where she had also conducted financial literacy sessions.

Investigations centred on her mobile phone, with cybercrime experts tracing communications that led to individuals who had purchased the device. The trail eventually led to the arrest of the first appellant, Mwakimbwala, who had sold the handset.

Upon arrest, he confessed to participating in the killing and named his accomplices, leading to their subsequent arrest.

The court heard that on the material day, the deceased had visited Pambogo and Isanga areas for work-related activities before leaving Isanga at about 11:25am to return to her office.

How the murder was executed

Evidence showed that the attackers had conspired in advance, working with an individual identified as Shaibu Mwinuka, who was tasked with signalling once the victim had concluded her meeting.

After completing her duties, Victoria boarded a bajaji driven by Lusekelo Atupele. The three appellants also boarded the rickshow, pretending to be passengers.

While the three-wheeler was in motion, Mushi strangled the deceased with the assistance of his co-accused until she died. They then robbed her of the loan repayment cash and her mobile phone before dumping her body in the Isyesye area, where it was later discovered by residents.

Prosecution witnesses, including local leaders Leonard Magoma and Zeinab Kesi, testified on how the body was found and how the suspects’ movements were traced.

Another witness, Sgt Daniel, detailed how investigators tracked the deceased’s phone through a chain of buyers, eventually linking it to the first appellant. This led to the arrest of the other accused persons, all of whom admitted involvement.

After evaluating the evidence and consulting assessors, High Court Judge David Ngunyale convicted the trio on April 4, 2022, while acquitting two others, including the bajaji driver. The three were sentenced to death by hanging, the mandatory penalty under the Penal Code.

Grounds of appeal

The convicts, through their advocates Felix Kapinga, Chapa Alfredy and Nyasige Kajanja, challenged the decision on eight grounds.

They argued that no prosecution witness had directly seen or apprehended them during the commission of the crime and alleged that their confessions were obtained under torture. They further contended that caution statements were improperly recorded without the presence of relatives or legal counsel.

The appellants also disputed the evidential link between them and the deceased’s phone, arguing that the doctrine of recent possession had not been established, and maintained that they were not present at the crime scene.

However, the prosecution, led by Senior State Attorney Alex Mwita with assistance from State Attorney Veneranda Masai, maintained that the trial court had properly admitted the statements after a trial-within-a-trial determined they were made voluntarily.

On discrepancies regarding the model of the deceased’s phone, the prosecution clarified that identification was based on the IMEI number.

Court’s determination

In its ruling, the Court of Appeal noted that although the confessions by the first and third appellants had been contested, the trial judge had admitted them after being satisfied they were voluntary and consistent with medical and witness evidence.

The judges acknowledged inconsistencies in the description of the phone model but held that identification through IMEI numbers and the seizure report was sufficient.

“We do not agree with the appellants’ lawyers that there was no link between the phone and the first appellant. That was not the only evidence relied upon; there was substantial additional evidence proving his involvement,” the judges ruled.

However, the court found that the confessions did not fully comply with guidelines issued by the Chief Justice and consequently expunged them from the record.

“Nonetheless, the removal of these confessions does not affect our earlier conclusion, as the remaining evidence—including oral admissions and caution statements—is strong,” the court said.

The judges concluded that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the death sentences were upheld.