TANZANIA: APPEAL COURT CONFIRMS TWO DEATH SENTENCES
February 28, 2016: Court of Appeal Justices Angela Kileo, Sauda Mjasiri and Bethuel Mmilla, confirmed death sentences passed by the High Court on Chrisant John (36), resident of Ilemela village in Muleba district, and Kachuchura Nshekanabo (35).
John was convicted by the High Court of murder and sentenced to death by hanging.
He was aggrieved by the conviction and sentence and appealed to the Court of Appeal, raising several grounds that the evidence was insufficient and that the Judge erred in law by disregarding his defence.
Veronica John, who testified as PW1, told the Court of Appeal that on January 2, 2010 at around 6 p.m. she was sitting outside accompanied by her daughter, identified as Agatha John, now deceased.
The appellant (John) arrived carrying a bag. He retrieved a machete which was hidden in the bag, attacked Agatha inflicting a big cut wound on the head, killing her on the spot.
PW1 reported the incident to the village chairman, who raised the alarm. The appellant surrendered himself to the village chairman with a blood stained machete.
Reading the ruling on behalf of the Justices of Appeal, the Registrar of the Court of Appeal, Mr Eddie Fussi, said the judges scrutinized the proceedings and the evidence, and were satisfied beyond doubt that there was no other killer but the appellant.
They set aside the appeal and confirmed the death sentence.
The Court of Appeal also rejected an appeal filed by Kachuchura Nshekanabo (35), who is on death row, who was challenging the conviction and sentence, arguing that he was not properly identified.
Nshekanabo was convicted by the High Court for the killing of an elderly woman identified as Bibi Bashemera (80) and her granddaughter, Venancia Obadia (16).
Senior State Attorney, Athuman Matuma told the Court of Appeal that on September 17, 2009 at around 12.00 noon, the appellant (Nshekanabo), arrived at Chamchuzi village in Karagwe district and found the three (Anitha Johansen, Bashemera and Venancia) sitting outside. (Sources: Tanzania Daily News, 28/02/2016)