The judges held that circumstantial evidence, together with Mr Nguku’s warning statement, proved his guilt beyond a reasonable doubt.
Arusha. Shock gripped the Court of Appeal as Yusuph Nguku faced judges after his appeal against a death sentence for murdering his six-year-old daughter was dismissed.
In a warning statement admitted as evidence, Mr Nguku confessed that he and his accomplice (not appellant) took his daughter, Rose Yusuph, to Lusesa village in Mwasanga Forest.
Upon reaching the forest, Mr Nguku strangled her from behind while the accomplice held her.
He then severed her left hand and left foot, placing them in a black nylon bag.
Mr Nguku said the accomplice had persuaded him to remove parts of Rose’s body to aid in running a business, promising Sh5 million in return.
Both Mr Nguku and the accomplice were charged at Mbeya High Court with murder under Sections 196 and 197 of the Penal Code, relating to an incident on May 3, 2019, in Lusesa village, Mbarali District, Mbeya Region.
On Tuesday, February 17, 2026, a three-judge panel of the Court of Appeal, including Rehema Kerefu, Lucia Kairo, and Dr Deo Nangela, dismissed criminal appeal 920/2023, upholding the death penalty by hanging.
The judges held that circumstantial evidence, together with Mr Nguku’s warning statement, proved his guilt beyond a reasonable doubt.
How it happened
Mr Nguku was originally sentenced on December 5, 2023, by the Mbeya High Court.
Third prosecution witness, Schola Chafumbwe, testified before the court that she and Mr Nguku married in 2007 and had four children by 2019.
Due to marital conflict, she had left with the lastborn, leaving the other three children, including the deceased.
She said on May 3, 2019, Mr Nguku reported Rose missing through her brother.
First witness, Mr Hebron Mwangomale, recalled seeing Mr Nguku selling items by the roadside with a young girl that day.
Mr Nguku identified himself as from Igurusi Village and later Mbalizi, where he stayed with Rose in a guesthouse before renting a room in Mr Sanga’s house, but on May 4, he reported the girl missing.
The fourth witness said that on May 9, Mr Nguku brought a photo of Rose (the deceased) to the police station, and on May 10, claimed to have found her buried near Rombo Bar.
He remained silent when asked how he identified the site, but asked a second witness to accompany him.
Local leaders and relatives were informed, and the group recovered a plastic bag containing body parts.
The first witness said Mr Nguku reportedly told him, “Blood is heavier than water,” before police arrested him.
Mr Nguku admitted during questioning that he committed the crime with his accomplice, who persuaded him to remove parts of the child’s body.
Though initially released for insufficient evidence, police later rearrested him.
The eighth witness conducted a post-mortem, confirming that the left hand and foot had been severed and that the body was partially decomposed.
Defence
Mr Nguku admitted his marriage and separation from Ms Chafumbwe and claimed that on May 2, 2019, he took Rose (the deceased) to Mbalizi to buy beans; but upon returning, she was missing.
He denied leading police to the crime scene, saying officers directed the recovery, and denied prior knowledge of the second accused.
The second accused claimed he was arrested on May 10, 2019, and denied any involvement with Mr Nguku or the deceased.
Court verdict
The High Court found Mr Nguku guilty, relying heavily on his warning statement.
Appeal and decision
Mr Nguku’s appeal raised six grounds, including alleged misuse of his statement.
The Court of Appeal rejected all, noting the reliability of circumstantial evidence.
Judge Kerefu observed that no one directly witnessed the murder, but the court relied on Nguku’s warning statement, oral admissions, and the fact that he was last seen with Rose.
Citing prior case law, the judgment concluded that Mr Nguku’s guilt was proven beyond a doubt.
“Considering all circumstances, the court is confident that the case against Mr Nguku was proven beyond any doubt,” the judgment posted on the Judiciary Portal stated.
