19800207 TZHC Arusha

19800207 TZHC Arusha

The accused, acting jointly and with common intention, murdered 21 persons. Their confessions, corroborated by survivor testimony, identification, and accused showing crime scenes, were found voluntary and true. Alibi defences were rejected as inconsistent and unsupported. Those who accompanied the killers and did not disassociate themselves were found guilty as principals in the second degree. Confessions obtained through inducement were not substantiated. The defence of provocation was not available.

Citation
19800207 TZHC Arusha
Parties
Prosecution: The Republic; Accused: Bukida s/o Kilangu; Accused: Noya s/o Guiusha; Accused: Bali s/o Simori; Accused: Bwali s/o Gadi; Accused: Singa s/o Guduru; Accused: Kirangu s/o Nonoja; Accused: Kidalinu s/o Muhita; Accused: Kidamarisenda s/o Hadeda; Accused: Mwalimu s/o Henga; Accused: Gwiyayi s/o Kidantzhi; Accused: Karani s/o Nodia; Accused: Gebangi s/o Gadi; Accused: Kidianoghi s/o Byonga; Accused: Gasiri s/o Malijeda; Accused: Susa s/o Shomagitti; Accused: Gidi s/o Gidibota; Accused: Kanbewwa s/o Wahita; Accused: Gisiwehida s/o Henga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 1980
Procedural Posture
Criminal Sessions Case / Judgment
Outcome
Conviction and sentence of death by hanging for murder under section 196 of the Penal Code.
Legal Topics
Murder, Confession, Alibi, Joint Liability, Evidence, Tribal Conflict
Source Language
English
Criminal Law Murder Confession Alibi Joint Liability Evidence Tribal Conflict

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Parties

The Republic

Prosecution

Bukida s/o Kilangu

Accused

Noya s/o Guiusha

Accused

Bali s/o Simori

Accused

Bwali s/o Gadi

Accused

Singa s/o Guduru

Accused

Kirangu s/o Nonoja

Accused

Kidalinu s/o Muhita

Accused

Kidamarisenda s/o Hadeda

Accused

Mwalimu s/o Henga

Accused

Gwiyayi s/o Kidantzhi

Accused

Karani s/o Nodia

Accused

Gebangi s/o Gadi

Accused

Kidianoghi s/o Byonga

Accused

Gasiri s/o Malijeda

Accused

Susa s/o Shomagitti

Accused

Gidi s/o Gidibota

Accused

Kanbewwa s/o Wahita

Accused

Gisiwehida s/o Henga

Accused

Procedural Posture

Criminal Sessions Case / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of murder under section 196 of the Penal Code
  2. 2 Admissibility and voluntariness of confessions
  3. 3 Effect of alibi defence

Ratio Decidendi

The accused, acting jointly and with common intention, murdered 21 persons. Their confessions, corroborated by survivor testimony, identification, and accused showing crime scenes, were found voluntary and true. Alibi defences were rejected as inconsistent and unsupported. Those who accompanied the killers and did not disassociate themselves were found guilty as principals in the second degree. Confessions obtained through inducement were not substantiated. The defence of provocation was not available.

Court Disposition

Conviction and sentence of death by hanging for murder under section 196 of the Penal Code.

Orders

  • Each convicted accused shall suffer death by hanging for the murder of Yona Nkungu.
  • Acquittal and discharge of accused Bukida s/o Kilangu, Gebangi s/o Gadi, Singa s/o Guduru, Gisiwehida s/o Henga, and Gidimu Muhite due to lack of evidence or not aiding and abetting the killings.