Arusha. The Court of Appeal has dismissed an appeal challenging a death sentence imposed on carpenter Alex Julius after he was found guilty of murdering his lover, Kudura Hamis, following findings that the prosecution’s circumstantial evidence proved the offence beyond reasonable doubt.
The body of Kudura was reportedly discovered in her room naked and decomposing on September 18, 2020, after neighbours began to notice a foul smell in the NHC Magadini area in Monduli District, Arusha Region.
The ruling rejecting Alex’s appeal was delivered on Friday, April 10, 2026, by a three-judge bench comprising Lugano Mwandambo, Abraham Mwampashi, and Lameck Mlacha, who were hearing Criminal Appeal No. 91 of 2024.
Justice Mwampashi said that after carefully reviewing all grounds of appeal and evidence presented in the High Court, the court was satisfied that there were no legal defects that could have affected the validity of the conviction.
He said the court found that the deceased’s death was shown to be unnatural, having been caused by strangulation, based on unchallenged medical evidence.
The judges further agreed with the High Court on the proper application of the “last seen with the deceased” doctrine, noting that the appellant failed to give a satisfactory explanation of the victim’s last moments.
They further held that the circumstantial evidence was compelling, consistent, and formed a complete chain pointing exclusively to the appellant without leaving room for any reasonable alternative explanation.
Basis of the case
The appellant was initially charged and convicted of murder contrary to Section 196 of the Penal Code and sentenced to death after being found guilty.
During the trial, the prosecution called eight witnesses and tendered two exhibits, alleging that on an unknown date, Mr Julius killed his lover.
The second and third witnesses, who were neighbours of the couple, testified that they frequently visited each other at their residence.
Ms Kudura, who worked as a bar attendant, was last seen alive on September 15, 2020, with Mr Julius, who used to pick her up from work and leave with her.
The second witness testified that on September 18, 2020, a foul smell was coming from Ms Kudura’s room, and she was last seen on September 15, 2020.
Together with others, she opened the room, which had been locked from the outside with wire, and found the body lying on the floor.
The body, which was naked and decomposing with dried blood stains on the private parts, was reported to the landlord and police.
A post-mortem conducted at Mto wa Mbu Health Centre by assistant medical officer Verian Hosea confirmed that the cause of death was strangulation.
The report also indicated bruises, neck injuries, and swelling, supporting the conclusion of homicide.
A fourth witness testified that Mr Julius was the last person seen with the deceased on September 15, 2020, when they left work together.
He also told the court that Mr Julius later misled colleagues by saying Ms Kudura had gone to Minjingu.
A relative of the deceased testified that Mr Julius and the deceased were in a romantic relationship, which she often tried to mediate during disputes.
Defence
In his defence, Mr Julius denied having a romantic relationship with the deceased, claiming she was just a neighbour and a drunkard.
However, court records show he later admitted they were lovers and that he had seen her frequently, but denied being with her on September 15, claiming he was fishing at the time.
He also denied telling witnesses that the deceased had gone to Minjingu.
The trial court found that the prosecution had proved beyond reasonable doubt that the death was unnatural and convicted him of murder, sentencing him to death.
Appeal
In his appeal, Mr Julius raised eight grounds, including that circumstantial evidence did not identify him as the killer and that the conviction was unsafe and unproven beyond reasonable doubt.
Court’s decision
After hearing submissions from both sides, the judges identified three key issues: whether the death was unnatural, the “last seen” doctrine, and the strength of circumstantial evidence.
The court held that the prosecution had discharged its burden of proving beyond reasonable doubt that the death was not natural.
It further found that the circumstantial evidence linking the appellant to the offence was credible and unchallenged.
“The evidence of the fourth witness was consistent and reliable,” the court said.
“Taken together, the circumstances point irresistibly to the guilt of the appellant and are incompatible with any reasonable hypothesis of innocence,” added the court.
“The appellant was the last person seen with the deceased and failed to explain what transpired thereafter, while his statements to witnesses were false. In conclusion, we are satisfied that the case against the appellant was proved beyond reasonable doubt. The appeal is therefore dismissed,” concludes the Appeal Court in its ruling.
