the republic vs prisca tenganamba anthony 2024 tzhc 239 1 february 2024

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA SUB-REGISTRY

AT SUMBAWANGA CRIMINAL SESSION CASE N0.43 OF 2023

THE REPUBLIC

VERSUS PRISCA D/0 TENGANAMBA ©ANTHONY 01st Of February 2024

JUDGMENT NANGELA, J.: The accused person, one Prisca d/o Tenganamba @ Anthony, stands charged with an offence of Manslaughter contrary to sections 195 and 198 of the Penal Code, Cap.16 R.E 2022. Based on the information laid before this court, it was the prosecution case that, on July 02, 2023, while at Katumba Area within Sumbawanga Municipality, Rukwa Region, she caused the death of Eliud s/o John @ Khamsini. When this matter was called on for its hearing on the 1st day of February 2024, and during plea taking, the accused, after the information had been read over and fully explained to her in the language she was conversant with, did, unequivocally, plead guilty to the charges. Page 1 of 10 In terms of appearances on the day of hearing of this matter, the Republic enjoyed the services of a team of Learned State Attorneys, namely: Ms. Godliva Shio, Ms. Ashura Ali and Mr. Frank Muigune while Ms. Tunu, Learned Advocate, appeared for the accused person. Before I proceed further, I find it appropriate to narrate the underlying facts of this case. The deceased (Mr. Eliud s/o John @ Khamsini) and the accused (Prisca d/o Tenganamba @ Anthony) were husband and wife. In their marriage, they were blessed with four children, who are still at their tender age. Their matrimonial life had not been smooth but had a rough trajectory marked with domestic violence. Due to the violent behaviour

exhibited by the deceased towards his wife (the accused), the latter resolved to quit her matrimonial home. Together with her four kids she resorted into hiring a house elsewhere in Katumba Area within the Sumbawanga Municipality and settled for her peace of mind. The facts are that, on the July 02, 2023, while sleeping in her new place of abode with her little ones, the decease knocked her door asking her to open for him. She refused. The Page 2 of 10 deceased took it upon himself and forced the door open. Upon entering the house forcefully, the deceased started to assault the accused continuously. He even picked a handle of a hoe and beat her up on her head causing her to fall and briefly unconscious. When the accused regained her consciousness, she picked a hoe and attacked the deceased on various parts of his body and the head causing serious injuries to him which rendered him unconscious. Later, the accused reported the whole fracas to the Village Chairperson. She was provided with a referral letter to show up at a nearby health centre since she was also bleeding due to the injuries, she had sustained from the fight she had with the deceased. Since she had left the deceased unconscious, later the accused fled the scene of crime together with her children to an unknown place. Afterwards, when the neighbours found the deceased lying unconscious in the house, they reported

the matter to Police at Sumbawanga Police Station. A Police Form No. 03 was issued for him to be taken to hospital for treatment. Page 3 of 10 Unfortunately, however, he passed away on the same day due to brain injury. The death being unnatural attracted Police investigation, and, on the 23rd of July 2023, the accused was arrested. Upon being interrogated by Police, she confessed to have caused the death of the deceased; When she was brought before a Justice of Peace, she did maintain her confession even before. Later, after investigation was complete, the Director of Public Prosecution preferred a charge of Manslaughter contrary to sections 197 and 198 of the Penal Code, Cap. 16 R.E 2022, against the accused. On the 1st day of February 2024, the accused was arraigned in court charged with that offence. When the charges were read over and explained to the accused in Kiswahili, the language she understood, and, upon being asked to plead to the charges, the accused pleaded guilty, and, thus, this court recorded her plea as an unequivocal plea of guilty. When the prosecution read over the facts and explained them to the accused, she also admitted all stated facts as being correct. Upon such unequivocal plea and admission of the facts Page 4 of 10 as presented before the court, Ms. Shio, the learned State Attorney appearing for the prosecution rested her case leaving this court to

make its findings, which findings I will proceed to make here below. As I stated earlier, the accused was arraigned before this court for an offence of Manslaughter contrary to section 195 and 198 of the Penal Gode, Cap. 16 R.E 2022. The Accused has unequivocally pleaded guilty to the charges and has, in terms, admitted all facts constituting the offence which she stands charged today. In view of her unequivocal plea of guilty to the offence, this court finds her guilty and accordingly convicts her of Manslaughter as charged. It is so ordered. Deo John Nangela

JUDGE Pre-Sentencing Hearing Following the conviction of the accused, Miss Shio, the Prosecuting Attorney has urged this court to pass a sentence that is proportionate with the office bearing in mind that there has been loss of human life due to the unlawful act of the offender. Miss Shio has also called upon this court to consider Page 5 of 10 the circumstances of this case in the cause of sentencing this offender whom she also said lacks previous record of committing crimes. For her part, however/ Miss Tunu has urged this court to be lenient in awarding the sentence to the offender. In her mitigation, she told this court that, her client is first-time offender with no tainted crimes record. She also urged this court to find that it was the deceased who first attacked her client who is now left to raise four children aged 13, 9, 7 and the last one being 1 year old. According to Ms. Tunu, her client has been in remand since July 2023 to date, and she had unequivocally pleaded guilty to the charges, thereby saving the time of the court and resources which could have been committed in a lengthy prosecution and calling of witnesses to testify in court. In my view and having heard from both the Prosecution and the Defence counsels, I find it unfortunate that what started as an endless family misunderstanding was to culminate with loss of life. But before I pass the sentence, I find

the case before me to be speaking volumes in terms of how married Page 6 of 10 couples can, during their life journey end up in misery while they had started it with a festivity of Paradise. The reason for such a miserable ending is always not farfetched. This is especially so where married couples fail to abide by the cardinal moral principles of love, respect, forgiveness, understanding and treating one another with love and tenderness of heart. These moral values seem to be undergoing a serious and accelerated erosion within our communities and matrimonial homes and, slowly, a cloud of darkness and sorrow seems to be slowly engulfing many family homes nowadays. But it is said, and one needs to be reminded, that, God is light, and, in His presence, there can be no darkness. But when families choose to put off God's divine light from shining in their households, they certainly invite darkness. And, when the moral darkness descends in a household, it always brings with it family disintegration, chaos and may even lead to loss of life as its ultimate consequence, the living example being what happened in the family of the deceased and the accused in this case at hand. Page 7 of 10 But there: is always a way out and it is my opinion, therefore, that, way out from any such chaotic and violent family life for married couples is where both decide to invite and embrace that the

Divine light in their lives under whose brightness they will experience and cherish the moral principles of love, respect, forgiveness, understanding and treating one another with humility. Since light does cast away darkness, it is worth embracing light and all its behavioural beauty. Having stated so, in this case, the deceased is said to have been the troublemaker because he was the one who started his own downfall by attacking her wife and, the outcome of his actions, led to the tragic loss of his life. As I assess the matter and the circumstances as they unfolded, I have no doubt in stating that the accused, who now stands convicted on her own plea of guilty to the offence of manslaughter, was a peace-loving person. I hold that view because, although what she did was an act which should be detested, as she could have restrained herself, the fact remains that it was the deceased who is to blame for his acts of violence on the person of the Page 8 of 10 accused/convict. Such acts of violence committed by the deceased invited his eventual demise. In the circumstances, therefore, I am in full agreement with Ms. Tunu that this court should not impose a stiff penalty or sentence upon the offender even if she had occasioned the deceased's loss of life. Considering the stated mitigating factors, especially the fact that the accused/convict has four little ones who needs to be

looked after, and further bearing in mind that she has spent sixth months behind the bars, I hereby find, in line with the existing Tanzania Sentencing Guidelines, 2023, that the accused/convict deserves to be discharged and be allowed to take care of her young children. It is also a cardinal principle that where an accused has spent time in remand waiting for his trial, the time spent should be considered when the court seek to pass sentence upon him/her. It is my considered view, therefore, that, the time which she has spent in remand prison was sufficient to teach her how to act reasonably whenever is faced with the mayhem and the rough seas of family and the community life at large. Page 9 of 10 SENTENCE: Considering what I stated hereabove, the convict is hereby granted an "Absolute Discharge" to allow her to raise her four children, unless she is arraigned for an offence other than what she was charged with and convicted of by this court. It is so Ordered. DATED AT SUMBAWANGA ON THIS 02nd DAY OF FEBRUARY

DEO JOHN NANGELA

JUDGE Page 10 of 10