Republic vs Jacklina Juma

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

SUMBAWANGA DISTRICT REGISTRY

AT SUMBAWANGA

CRIMINAL JURISDICTION The accused person herein named is arraigned in this court of the offence of Murder contrary to section 196 of the Penal Code, [Cap 16 R.E 2019]. It is alleged by the prosecution that the accused person on the 2nd day of March, 2022 at Katuma area within Sumbawanga Municipality in Rukwa Region did murder one BRIGHTON S/O GEOFREY. 1 On the 5th August, 2022 the case was scheduled for plea taking and preliminary hearing under section 192 of the Criminal Procedure Act, [Cap 20 R.E 2019]. When the charge was read over and explained to the accused person, she pleaded not guilty to the charge. The defence counsel then, Ms. Tunu Mahundi, learned advocate, entering in her defence informed this court that the accused person intends to rely on the defence of insanity. She prayed before this court that under section 219 of the Criminal Procedure Act, [Cap 20 R.E 2019] an order be issued to refer the accused person to a mental institute for her examination. The prayer was not objected to by the prosecution. This court therefore issued an order to authorize and require the medical officer incharge/psychiatrist of Mirembe Mental Health Hospital to receive the said JACKLINA D/O JUMA into the institution for her detention for medical examination as she appeared that she might have been insane during the time of commission of the offence. The order required a report to be

prepared and transmitted within forty two (42) days on medical condition of the accused, setting out whether in the opinion of the medical officer, at the time when the offence was committed, the accused was 2 insane or not as per section 220(2) of the Criminal Procedure Act, [Cap 20 R.E 2019]. The report dated 04/011/2022 with reference No. 11325/2022 has been brought with the finding of and or opinion of the medical officer. The case against the accused was thus heard on the 02/09/2024 whereby three witnesses testified on behalf of the prosecution and one witness testified for the defence. The first prosecution witness was Lazaro Simon Sungura (PW1). He testified that on the 02/03/2022 at 20:00 hours he was at his home at Katuma area. A woman went there looking for employment as a home maid. He told her he has no vacancy. However, he asked her to leave contacts in case there emerges a need for the position. The witness interviewed her by asking her marital status and whether she has children. The accused replied that she is not married but she has a child. She has left the child at the river, near the guava tree. The witness asked further as to where she stays. She replied that she stays at Mazwi. According to the accused person, she left the child at the river so that she continues to look for employment. 3 The witness testified that he was perplexed; the answer where the

child is was a different place to the place she stays, Mazwi. At the time it was already late. That made the witness worried. He decided to inform the chairman of the street, Mtumbuka Street. He came with another person. Together they asked the accused to show them a child. She took them to Momoka River. They did not find the child, as the search was conducted in the night using torches. The next day relatives were found and together they started searching the body. They found the body of child in the water. That is when they called the police who came and took the child and the mother. The person who led them to find the body was JACKLINA D/O JUMA. The child was found in the water. The body was covered with mad. At the police the case file SUM/IR/750/2022 was handed to PW2 F. 1714 D/SGT ANSBERT to continue with investigation. He is the person who interrogated the accused person. He testified that in the interrogation she told him that she had killed her son because he was a hindrance to her to secure a job. She said every time she went to look for employment she would be refused employment because he had a child. She therefore 4 decided to kill her. Also in his investigation, he suspected that the suspect had a mental health problem. He was informed that since she gave birth to the child she would escape from her parents home where she was living, and reports were being made

to the police. Dr. Mussa Alfred Mbalamwezi testified as PW3. On the 04/03/2022, he examined the body of the child. The body of the child was identified that it belongs to Brighton s/o Kitandala. The child was estimated to be one year and seven months old. In his examination he found that cause of death was asphyxia. The child was deprived of oxygen. It occurs for many reasons, in this case the child was strangled. He explained further that the neck was rotating the body had started to be rigid, the notation of the neck was beyond limit - 1600. The two bones which support the head were broken. The post mortem examination report was admitted in evidence as exhibit P1. Suffice it to say that death of the child was unnatural. The prosecution case was then closed. This court found the prosecution had shown a prima facie case against the accused, the defendant had to defend herself. The defence was being led 5 by Fr. Charles Kasuku, learned advocate. He called JUMA AFRIC (DW1). He is the father of the accused person. The witness testified that after the accused had given birth to the second child - Brighton s/o Katandala she seemed not to be mentally stable. After being taken to mental institution she began to be stabilized as she was prescribed with medication and through the guidance of medical officers at the remand prison, he was sending drugs for her twice weekly and later once

a week. The condition is now stabilized compared with how she was at the time of arrest. Then the counsel for defence made submission to pray to this court to make a special finding under section 219 (2) of Criminal Procedure Act, [Cap 20 R.E 2019] since the accused was insane at the time of commission of the offence as per report from Mirembe Mental Health Hospital referred to above. According to the counsel, he prayed also that given her current situation they are praying the accused be placed under supervision and care of her parents as they have been taking care of her treatment even when she was in remand being guided by prison medical officers. 6 Under the circumstances obtaining in this case, I have read the medical report dated 04/11/2022 with reference No. 11325/2022. The opinion of the medical officers is as follows: “From the presentations the accused had shown, she (Jackiina Juma) seemed to show the features suggestive of a mental disorder, known as ‘Major Depressive' Disorder, which impaired her reasoning. She was INSANE during the time of committing crime” On the adduced facts, it appears that the accused committed the offence charged but was insane at the time so as not to be responsible for her actions. Accordingly, I so find in terms of section 219(2) of the Criminal Procedure Act that the accused did the act charged but by reason of insanity, is not guilty of the offence. Having so found I proceed to make an order discharging the accused under section 219(3) (b) of the Criminal Procedure Act so that she continues with treatment under supervision of her parents. It is ordered accordingly. 7 Dated and delivered at Sumbawanga this 02nd day of September, 2024 T.M. MWENEMPAZI

JUDGE Judgment delivered in court in the presence of Ms. Safi Kashindi Amani, Senior State Attorney for the Republic and used person and their advocate Fr. Charles Kasuku, Learned T.M. MWENEMPAZI

JUDGE 8