Tanzanian traditional healer sentenced to death by hanging for murder over alleged love affair
Arusha. In a decisive verdict, the High Court of Tanzania in its Sumbawanga registry has sentenced Nikas Nazario, a native healer, to death by hanging.
This follows his conviction for the murder of Livence Kalindo, whom he allegedly shot in Katapulo Village, Kalambo District, Rukwa Region, on August 5, 2020.
The judgment was delivered on July 12, 2024, by Judge Dr Deo Nangela, who presided over the murder case. According to the evidence presented by the prosecution, it was proven beyond reasonable doubt that the accused committed the murder and he was convicted and sentenced to death by hanging.
On the day of the incident, at around 8:00am, an explosion reportedly occurred at a trading center in the village, a building jointly owned by two individuals. Augusta Maluko (the accused's wife) was selling grilled meat, while another person was selling local brew.
After the explosion, people scattered, each trying to save themselves. Shortly afterward, it was discovered that Livence had been shot dead.
Following a police investigation, the accused was arrested and charged with murder under sections 196 and 197 of the Penal Code, Cap 16, as amended in 2022.
The prosecution presented eight witnesses, with the first witness being the Village Chairman, Nikas Katewa, who testified to receiving a call and upon arrival at the scene, he identified the deceased (Livence), who was bleeding profusely near his neck.
He reported the incident to Matai Police Station, and upon their arrival at the crime scene and finding the body, they went to Augusta's house but found no one there. The accused was later arrested in Kasakamulo Village on the Zambia side.
In court, he stated that on August 6, 2020, accompanied by one of the deceased's relatives, they went to Sumbawanga Referral Hospital to witness the autopsy.
He claimed not to have seen the accused in the village until he was arrested by the police. On the day of the incident, he saw the accused in the area where his wife conducted business, where Livence was found dead.
The second witness, Augusta (the accused's wife), before giving her testimony under Section 130 (1) of the Evidence Act, stated that she knew the deceased as he lived in the village but denied having any relationship with him. On the day of the incident, she heard a loud bang like that of a gun, and at that moment, there were many people in the bar. When the explosion was heard, the deceased collapsed immediately.
She further testified that upon rising (meaning after collapsing), she found the deceased bleeding from the head.
She stated that due to the incident, she quickly closed her business and returned home. Many people had also left, and she did not know where her husband was. Upon arriving home, she found him sitting and informed him that someone had been killed, but the accused said nothing.
She claimed they left for Zambia on foot that night using unofficial routes (through the bush), slept at a remote bush camp away from the village, then boarded a boat the next morning to Zambia, where they stayed for three weeks before her husband was later arrested.
She claimed that when she asked her husband what he had done, he replied, "Hmm! I did that act of shooting Livence Kalindo."
After hearing those words from her husband, she remained silent, and later, she too was arrested. She stated that her husband was a traditional healer who practiced in Zambia and that she did not see him shoot the deceased on the day of the incident.
She also acknowledged that her husband visited Zambia for his business and sometimes stayed there for long periods. He confessed to her that he was involved in killing the deceased.
The fourth witness, Giles Nazario, the accused's stepbrother, testified that the accused was a traditional healer. On the day of the incident, after hearing what sounded like a tire bursting, he decided to sleep on his farm, fearing that the police would come and arrest people in the village. He met the accused and his wife heading to their child's house carrying a bucket of goat meat.
He asked them where they were going, and they replied, "Where we came from is messed up," so they were going to leave the meat at their son's home and then leave. The accused was pulling his wife's hand as she hesitated to follow.
During questioning, he told the court that he did not see the accused kill the deceased, but on the day of the incident, he met the accused and his wife running as he was doing.
The sixth witness, Elias Mkama, Chief Magistrate of Matai Primary Court, who also served as a peace officer, recorded the accused's confession on September 8, 2020.
He claimed to have informed him of his rights under the law, including the right to remain silent, and recorded the accused's statement. After reading it to him, the accused confirmed its accuracy.
He presented this information to the court and informed the court that the accused confessed to killing Livence.
He claimed the accused told him the reasons for the murder were twofold: accusations of witchcraft, alleging that the deceased was bewitching his cattle, and secondly, jealousy.
The seventh witness, a doctor who conducted the autopsy, told the court that upon examination, the right side of the deceased's skull was fractured, and there were two holes in his neck.
He claimed that based on his examination, the deceased died from severe bleeding in the head and brain.
The eighth witness, a police officer, claimed that upon arriving at the village, they were informed that the accused was the perpetrator of the crime because he accused the deceased of bewitching him and having an affair with his wife.
He confirmed that the accused was arrested in Zambia after Zambian police informed Tanzanian counterparts that they had arrested him and that he was at the Mpulungu Police Station on suspicion of entering the country illegally.
According to the witness, the accused was brought from Zambia to Tanzania in good health and later charged with murder.
During the interview, the accused told him that he was the culprit who shot the deceased because he bewitched his family and had an affair with his wife.
When questioned and cross-examined, the witness admitted he did not provide any documents showing the accused was arrested in Zambia but confirmed that his arrest was likely due to the relationship with Zambian police.
Defense
In his defense, the accused claimed to be a farmer who conducted business between Tanzania and Zambia on the shores of Lake Tanganyika.
He claimed that on that day, his wife went to his business area, and later she returned, running, telling him she had not even opened her business because something had exploded, like a motorcycle tire, and someone had fallen and lay on the ground.
The accused told the court that he advised his wife to leave quickly because there was a possibility she would be questioned about something she knew nothing about.
He told the court that his wife went to her relatives in Kisumba Village, and he headed to Zambia. According to his testimony, they left because there is a tendency in the village that whenever something bad happens, the police come to harass people.
He claimed that he was arrested by Zambian police because his passport had expired, and during questioning at the police station, he requested the presence of relatives or the Village Chairman.
He claimed that the police tortured him, handcuffed him, beat him with a club, and left him hanging on metal to force him to tell the truth. He was taken to a peace magistrate and told to confess to the crime.
The accused denied knowing the deceased or killing him, stating he had never been involved in murder and never told his wife that he was involved in the death. He only learned about it when he arrived in court.
He claimed to have traveled to Zambia by a bus called Kambole Express, paid a fare of Sh3,000, and later walked across the Kalambo River without encountering border police. He said he was unable to call his second wife as a witness because she knew nothing about the case.
Verdict
After hearing the evidence from both sides, the judge explained that in criminal cases, the burden of proving guilt remains with the prosecution without leaving any doubt.
He stated that in the case before him, there was no dispute that Livence had died and that his death was not ordinary. The issue to be answered and proven beyond doubt was whether the accused was responsible.
"There is a need to consider all the circumstances of this case, as there was no direct evidence that the accused was seen shooting the deceased. Therefore, this case relies on circumstantial evidence," the judge explained.
The judge noted that the accused and his wife (the second witness) admitted to leaving for Zambia immediately after the murder occurred, and based on the evidence presented by the first, second, fourth, and eighth witnesses, including the accused's own statements, this established a pattern of evidence.
He stated that there was still other evidence worthy of consideration, such as the testimony of the sixth witness and additional statements by the accused recorded by that witness, which showed the accused confessed to killing the deceased.
"When I look at page 6 of exhibit 2, the following are the exact words spoken by the accused before the peace magistrate, and legally, they constitute a confession. I quote in Swahili:
"...on 05/08/2020, that's when I found him with my wife outside Kantongama bar, they were roasting meat, and then anger overwhelmed me, that's when I shot him."
After considering the prosecution's evidence and the witness testimony, the court has reached the conclusion that it is satisfied beyond any doubt that the accused is guilty of the murder of the deceased, according to the evidence.
Therefore, he was sentenced to death by hanging.
