Wife, brother sentenced to death for killing of husband

Arusha. In a tragic case, three people have been sentenced to death, including a wife who hired her brother and another accomplice to kill her husband.

She allegedly paid them Sh100,000 to carry out the murder, claiming that her husband was squandering the family’s wealth by selling food and using the money to buy alcohol.

The first accused, Rehema Maksoni, hired her brother Ajuaye Maksoni (the third accused) and Shadrack Paschal to murder her husband, Lameck Makupi. The husband was stabbed in the stomach with a sharp object, causing his intestines to protrude.

When arrested and questioned by police, Rehema reportedly confessed to planning the murder, stating that she was tired of her husband wasting the family’s resources on alcohol and wanted to end the marriage.

The sentence was delivered on September 23, 2024, by the Kigoma Registry of the High Court of Tanzania, presided over by Judge John Nkwabi. The court found the three accused guilty of murder under Sections 196 and 197 of the Penal Code and sentenced them to death by hanging.

Case details

In her defence, Rehema claimed that on February 23, 2023, her husband was taken from their home by a group of five men, four of whom were dressed in police uniforms and two of whom were armed. She said she answered the door when they knocked and saw her brother-in-law, Gideon Makupi, with the four officers, who demanded to see her husband, who was asleep at the time.

Rehema claimed that after waking her husband, a vehicle took him away.

The following morning, a truck driver passing through the village of Samvura discovered a body lying by the roadside. He reported the finding to a witness, identified as Ladislaus. The body was later confirmed to be Lameck Makupi, who had died from stab wounds to the stomach, as determined by a doctor.

After the body was discovered, Rehema was arrested on suspicion of being involved in the murder, and she reportedly confessed to the crime during police questioning.

Murder plot

It was alleged that after deciding to have her husband killed, Rehema sought help from her two accomplices, offering Sh100,000 for the crime. Her confession to the plot was reportedly recorded by Justice of the Peace Sophia Timtenge, the fifth prosecution witness, whose testimony was admitted into evidence without objection.

A doctor who examined the body testified that Lameck had died from excessive blood loss, as his stomach had been punctured with a sharp object.

One of the witnesses, Corporal Felix, testified that Rehema had verbally confessed to seeking help from her brother Ajuaye (the third accused), who in turn asked Shadrack for assistance.

Shadrack was later arrested in Malagarasi, Kibondo, and led police to Ajuaye. The knife allegedly used in the murder was found in Shadrack’s rented room.

Defence

In their defence, the accused denied committing the murder, refuted making any confessions, and claimed they were tortured and threatened during questioning.

Rehema denied planning her husband’s murder and maintained that when her husband was taken at night, she believed he was being taken to the police station, as it had happened before. She also claimed that her brother-in-law, Gideon, had assured her to stay at home, saying everything would be fine.

Ajuaye, the third accused, claimed that on the night of the incident, he was in Kasulu distributing goods in the area and was not involved in the crime.

Court Verdict

In his ruling, Judge Nkwabi said the court had considered two key issues: whether the accused killed Lameck Makupi and whether they had the intent to murder him. After carefully reviewing evidence from both sides, the judge found the accused guilty.

Judge Nkwabi dismissed Rehema’s defence, stating that she had admitted to planning the murder during questioning and had paid Sh100,000 for the act. He rejected her claim that police officers were responsible for taking her husband.

The judge cited a 1992 Court of Appeal case, Damian Ferdnand Kiula & Charles v. Republic, in which it was held that confessions made to police officers could be trusted unless there was strong evidence to the contrary.

Regarding Ajuaye, the judge found that his behaviour after the murder—fleeing to Kasulu after the crime—supported the prosecution’s case. He also noted that Shadrack had confessed to receiving Sh40,000 for his involvement in the crime and had paid Sh10,000 to a motorcycle taxi driver.

After reviewing all the evidence, Judge Nkwabi ruled that the accused had acted with intent to murder Lameck, motivated by Rehema’s dissatisfaction with her husband’s mismanagement of family wealth.

“The accused stabbed the victim in a vulnerable part of the body, showing clear intent to kill. The reason for the murder was that the deceased had angered the first accused by wasting family resources,” Judge Nkwabi concluded.

The court sentenced all three to death by hanging, as required by law for the crime of murder.