Court of appeal upholds murder convictions of six for massacre

MUSOMA: THE Court of Appeal has upheld the murder convictions of six individuals responsible for the brutal massacre of 17 family members in Musoma Municipality in 2010.

Justices Gerald Ndika, Mary Levira and Panterene Kente ruled against the appellants, including Juma Mugaya (alias Mugaya Jumanne Masemele) and Aloyce Nyakumu (alias Diwani), after dismissing all grounds of appeal they raised against the High Court’s judgment in Musoma.

The other appellants included Nyakangara Biraso (alias James Mgaya Magigi), Nyakangara Mgaya (alias Robert Boniphace), Sadock Ikaka (alias Nyabugimbi Nyakumu) and Kumbata Buruai (alias Bwire Alex George).

The justices upheld the death sentences for the appellants, with the exception of Nyakangara Mgaya, who was under 18 at the time of the crime.

Instead, he was sentenced to custody for an indefinite period, as determined by the President, under the circumstances specified by the Minister in charge of legal affairs, according to Section 26 (2) of the Penal Code.

“In the end, the joint appeal is dismissed, except for our modification of the punishment imposed on the fourth appellant,” the justices ruled. They found that the High Court was justified in determining the appellants’ responsibility for the homicides based on confessions and corroborative evidence from prosecution witnesses.

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“The court thoroughly evaluated the appellants’ denials of guilt, claims of police harassment and their alibis, ultimately dismissing their defenses in light of substantiated confessions against them,” they stated.

The justices reaffirmed the trial court’s conclusion that the killings were committed with malice aforethought, classifying the actions as murder under Section 196 of the Penal Code. The trial court had referenced the case of Enock Kipela v. Republic (Criminal Appeal No 150 of 1994) to support its reasoning, emphasising the brutal nature of the killings.

“In this case, the victims were assaulted with machetes and swords, leading to 17 fatalities due to severe blood loss from multiple wounds. The postmortem report and photographic evidence documented the extent of the injuries,” the court noted. “Such deep wounds indicate excessive force was applied, suggesting an intention to kill.”

The justices concurred with this analysis, stating, “The evidence shows that the appellants planned the murders, mobilised over twenty individuals and executed their heinous scheme. They targeted vulnerable areas of the victims’ bodies with swords and machetes. By all accounts, these cold-blooded murders were premeditated.”

The case relates to an unspeakable act of cruelty that struck Mgaranjabo Street, Buhare Ward, Musoma Municipality, in the early hours of February 16, 2010. A group of assailants armed with machetes and swords attacked three adjacent homes owned by close relatives, resulting in the deaths of 17 individuals.

On that fateful night, eight of ten people sleeping in Kawawa Kinguye’s home were killed, while six died in Morris Mgaya’s household, leaving behind one severely injured survivor. Three individuals lost their lives in the third residence, where six others survived the attack. Of the seven survivors, only three testified at the trial.

Nyandora Morris and Maximillian Robert were among those who spent the night at Dorica Mgaya’s home, alongside Maria Kawawa Kinguye, who was at her cousin’s residence.