Missing case file keeps woman on death row for 27 years in extraordinary prison ordeal

Bahi. A woman from Mwitikila village in Bahi District, Ms Rehema Ndoje, has spent 27 years in prison under a death sentence in a case that has been marred by missing court records, repeated transfers and prolonged legal uncertainty.

Ms Ndoje, first entered prison on May 24, 1999, after being accused of killing her eight-month-old baby in an incident allegedly involving her boyfriend, who fled and has never been traced.

Now 48, Ms Ndoje, has been held in Isanga, Segerea, Keko and Mbeya prisons over the years while awaiting execution following her conviction in a case that has since become entangled in missing documentation.

“I was detained for one reason only; I failed to report the incident when it happened. I was told to stay silent and I agreed. What really happened, only God knows,” she said in an emotional account.

At the time of her arrest, Ms Ndoje, was living in Dar es Salaam as a housewife.

She said she had briefly met a man doing casual jobs in the city, and the child was not fathered by her later partner.

Police initially focused on locating her boyfriend and his relatives, but she said she had little information about him as their relationship had been brief.

Following questioning, she was charged with murder, convicted and sentenced to death on November 11, 2007.

She believes her emotional state in court and inability to provide details about the suspect contributed to the outcome.

Ms Ndoje said the sentence left her devastated, with prison officers initially helping her pursue an appeal.

Court records show she filed an appeal on November 9, 2007, in Criminal Case No. 40 of 2001.

However, the appeal was not heard for years as the case file could not be traced.

Furthermore, she said she only learned of renewed progress when she was summoned to court on February 13, 2026.

Judges later ruled that affidavits confirming missing records were sufficient to conclude the matter, leading to her release.

Ms Ndoje described prison life as harsh, especially in the early years, saying condemned inmates live with constant uncertainty and psychological distress.

“Since I entered prison, I have never heard of anyone being hanged. People live with fear and suffering. I think the death penalty should be abolished because it is not humane,” she said.

According to her, efforts to trace her case file had taken nearly 19 years without success, with lawyers and prison authorities repeatedly confirming that records could not be found.

More than nine official letters and affidavits, she said were filed in attempts to locate the documents.

“Everyone was always surprised. There was no file anywhere. Even I did not understand how I was convicted without the records,” she said.

Support from prison officers and later assistance from legal organisations and advocacy groups helped revive efforts to resolve her case, including the Tanzania Ex-Prisoners Foundation (TEPF).

TEPF director, Ms Rose Malle, said delays in appeals are common and often leave inmates without hope.

She said she first met Ms Ndoje after 10 years in prison and later worked with her on advocacy efforts.

“We engaged other organisations, including the Legal and Human Rights Centre (LHRC), to help trace the documents,” she said.

LHRC lawyer, Ms Hidaya Haonga, said the case required an alternative approach due to missing records, with affidavits eventually used in place of the original file.

“We were unable to trace the file despite coordination with court authorities. Eventually, affidavits were used, which led to her release,” she said.

Ms Ndoje’s mother, Ms Phoibe Mkundya, said the family had long lost hope but later welcomed her return after 27 years.

“She left here in 1998 and returned on February 14, 2026. We had even given up hope. We have welcomed her home and held a thanksgiving prayer,” she said.

She added that Ms Ndoje returned without resources after decades in prison and appealed for support as she rebuilds her life.