Arusha. The High Court Sub-Registry in Tanga has acquitted Ms Halima Togolai of manslaughter after ruling that despite her guilty plea and acceptance of the prosecution's facts, the evidence failed to prove the offence.
Ms Togolai pleaded guilty to causing the death of her partner, Mr Christopher Charles, following which the prosecution presented the summary of facts, which she formally accepted.
According to facts submitted as prosecution evidence to bypass witness testimony, the incident arose from a dispute after Ms Togolai refused sexual intercourse with Mr Charles because she was menstruating.
The court heard that the deceased insisted on non-consensual anal intercourse, triggering an altercation that ended when Ms Togolai stabbed him with a knife originally possessed by the deceased.
In Criminal Case No. 10635 of 2026, Ms Togolai faced manslaughter charges under Sections 195(1) and 198 of the Penal Code.
The prosecution alleged that on March 5, 2026, at Majani Mapana in Hale Ward, Korogwe District, Tanga Region, she unlawfully caused Mr Charles's death.
However, in a judgement delivered on August 4, 2026, Justice Abdallah Gonzi discharged and acquitted the accused.
Justice Gonzi ruled that prosecution evidence failed to establish an unlawful act, proving instead that the accused acted in self-defence during an ongoing assault.
The judge noted that the deceased assaulted the accused, threatened her with a weapon, and attempted forced anal intercourse inside a dark, locked room.
Under these conditions, Justice Gonzi stated, Ms Togolai reasonably feared death or severe bodily harm, justifying force in self-defence.
The court established that the accused could not retreat because the door was locked and the armed deceased blocked her path.
When the knife dropped, Ms Togolai seized it, stabbed the deceased, and immediately surrendered at Hale Police Station carrying the weapon, proving no criminal intent.
Justice Gonzi observed that prosecution facts established self-defence under Sections 18A(1)(a) and (b) of the Penal Code, preserving the right to resist assault.
He emphasised that a guilty plea does not bind the court, which retains a duty to ensure facts establish all legal elements of the offence.
The judge ruled that prosecution facts showed Ms Togolai exercised lawful self-defence, meaning her actions lacked the element of unlawful conduct required for manslaughter.
Justice Gonzi concluded by ordering Ms Togolai's immediate release from custody unless lawfully held on other matters.
Case background
During her arraignment, Ms Togolai entered a guilty plea to the manslaughter charge, admitting she caused her partner's death.
State attorneys presented that the couple had been in a relationship since 2025 and had consumed local palm wine (mnazi) and other alcohol until late on the night in question.
The court heard that after returning intoxicated to Mr Charles’s home, which lacked electricity, an altercation arose over sexual demands.
When Ms Togolai declined intercourse due to menstruation, the deceased demanded anal intercourse, physically assaulted her, and threatened her with a knife, which fell during the struggle.
Ms Togolai picked up the weapon and stabbed Mr Charles in the chest and right thigh before leaving the scene.
She proceeded directly to Hale Police Station, turned herself in, and produced the weapon used in the incident.
Police placed her under arrest after she volunteered a statement admitting to stabbing her partner.
Neighbours later found Mr Charles lying outside his room, took him to Hale Police Station for a PF3 form, and rushed him to Magunga Hospital, where he was pronounced dead.
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