Arusha. The Court of Appeal has upheld the death sentence for four individuals found guilty of killing Rashid Hassan and dumping his body in the Kyarano River.
The ruling, delivered on Thursday, March 26, 2026, noted that many of the appellants’ arguments were legally flawed and did not affect the prosecution’s case.
The appellants, challenging the Musoma High Court ruling of October 10, 2023, are John Mbatira, Sadick Shaban, Manga Mgonoki, and Steven Augustino.
Judges Dr Gerald Ndika, Patricia Fikirini, and Mustafa Ismail held that the prosecution presented sufficient evidence to prove the appellants’ guilt beyond reasonable doubt.
Among the reasons cited was the claim that evidence from one prosecution witness was presented unlawfully, allegedly because it had not been mentioned earlier.
The court found the prosecution had given notice of the witness, meeting legal requirements.
Another argument concerned exhibits allegedly seized unlawfully. The court ruled the point irrelevant after excluding the item, noting it did not affect the final decision.
How the murder occurred
The killing allegedly took place on June 30, 2022, in Mwanzaburiga village, Butiama District, Mara Region, with the body later found floating in the Kyarano River.
A medical examination confirmed the victim died from severe head injuries caused by blunt objects, resulting in excessive bleeding and brain damage.
Court records show the prosecution relied on three main pillars of evidence: circumstantial proof showing the victim was last seen with the appellants the night before the body was found.
Also, the first, second, and fourth appellants admitted the crime and implicated the third, who was found with a belt believed to have been stolen from the victim.
Two witnesses said they saw the appellants with the victim walking together and later drinking alcohol in the same area.
One witness said the victim entered one appellant’s house before joining a group drinking alcohol.
Another said all four were seen on the road that night, heading toward the Buturi–Mwanzaburiga border area.
The second pillar was confessions by three of the four appellants, admitting participation in the murder and describing how they planned and executed it.
They told police they attacked the victim with clubs and stones before disposing of the body in the river.
The court said the confessions, though later denied by the appellants who claimed they were coerced, were corroborated by independent evidence, including witness testimony and the medical report.
The third pillar was an exhibit: a belt allegedly found with one appellant, identified as the victim’s property.
However, the Court of Appeal noted the evidence was incomplete, as a key witness to confirm ownership was not presented. The court disregarded the exhibit.
Grounds of appeal
The appellants raised several issues. The first three, represented by a single lawyer, argued the court relied incorrectly on evidence from a fifth witness and a second exhibit, which they claimed had not been previously mentioned.
Other points included the prosecution failing to present key witnesses and that the charges were not sufficiently proven.
The fourth appellant, represented separately, cited two reasons: incomplete warning statements and unproven charges.
Judges’ decision
The court stated that the “last seen” evidence, combined with the appellants’ confessions, created a complete chain of proof showing their involvement beyond doubt.
Regarding the claim that key witnesses were not called, the court noted that although some evidence was presented improperly, the appellants’ guilt was proven to the required legal standard. All such arguments were dismissed.
Judge Ndika said the court recognised some deficiencies, but these did not affect the prosecution’s core case, which was supported by reliable, detailed evidence.
The court also agreed with the High Court that the murder was deliberate, considering the force used on sensitive parts of the victim’s body and the disposal of the body in the river to conceal evidence.
On this basis, the court concluded the murder was fully proven according to the law and the evidence presented.
“We are satisfied that this appeal has no legal merit and therefore we dismiss it,” part of the ruling stated.
