Arusha . The High Court of Tanzania, Sumbawanga Zone, has convicted three blood relatives of the premeditated murder of their own relative in Ifundwa Village, Nkasi District in Rukwa Region.
In the same case, the court acquitted two other accused persons after finding that there was no case to answer against them, ruling that the prosecution had failed to link them to the offence.
In Criminal Case No. 3764/2025, those convicted are James Kulwa, Samson Kulwa and Lugendo Mihangwa, while Lujegi Musa and Jibunge George were acquitted. All five had been jointly charged over the murder of Nambo Golani.
A judgment by Justice Abubakar Mrisha, published on the judiciary website on April 17, 2026, did not specify the sentence. However, under Section 197 of the Penal Code, the mandatory sentence for murder is death by hanging.
The court heard that the five were charged under Sections 196 and 197 of the Penal Code.
Delivering the verdict, Justice Mrisha said the prosecution had proved beyond reasonable doubt that the three convicted accused persons were directly involved in the brutal killing. He added that identification evidence presented by witnesses was credible and supported by the circumstances of the incident as well as medical findings.
The prosecution called seven witnesses, while the defence called three witnesses, including the accused persons.
The court heard that on the night of the incident, the deceased’s wife, Holo Magilali, was awakened by forceful knocking at their door. She testified that she saw two men enter their bedroom, tie up her husband with ropes, and demand information about alleged debts.
She said her husband denied owing any debt before the attackers began assaulting him with machetes and dragged him outside. She identified two of the attackers as Samson, also known as “Shinje” (her brother-in-law), and Lugendo, while she could not identify the third person.
A police officer who investigated the case told the court that they found the body of the deceased with severe cut wounds on the head, neck and chest, and blood was scattered at the scene.
A medical doctor who conducted the post-mortem concluded that the cause of death was excessive blood loss resulting from severe injuries to the head, chest and back.
In their defence, the convicted persons denied involvement, claiming they were arrested without justification and tortured while in custody.
James Kulwa alleged he was arrested in June 2022, beaten and forced to confess to a crime he knew nothing about. Samson Kulwa and Lugendo Mihangwa also told the court they were tortured and denied any involvement in the killing or any land dispute connected to the case.
However, the court dismissed their defence, ruling that it did not raise any reasonable doubt against the strong prosecution evidence.
Justice Mrisha noted that although caution is required in relying on identification evidence, the witnesses knew the attackers well and named them early after the incident, eliminating the risk of mistaken identity.
He further observed that the manner in which the deceased was tied, interrogated and attacked with machetes clearly demonstrated intent to kill.
“Considering the severity of the injuries that caused death and the manner in which the attack was carried out, the court is satisfied that there was clear intent to cause death,” said Justice Mrisha.
The court concluded that the prosecution had proved its case beyond reasonable doubt and convicted the three accused persons of murder as charged.
