High Court acquits man accused of stealing court property

Mr Nkya was initially prosecuted at Hai District Court on two counts. The first was housebreaking with intent to commit an offence, contrary to sections 296(a) and (b) of the Penal Code.

The second count was theft, contrary to sections 258(1) and (2)(a) and 265 of the Penal Code.

He was accused of breaking into the court building and stealing Sh700,000 in cash, a Dell desktop computer valued at Sh1.2 million, a scanner worth Sh500,000 and a flash disk valued at Sh20,000.

He allegedly committed the offences on September 30, 2024, at the court premises in Hai District, Kilimanjaro Region.

The District Court convicted him on both counts and sentenced him to five years for each offence, with the terms running concurrently.

Dissatisfied with the decision, Mr Nkya appealed to the High Court, Moshi District Registry.

Judge Safina Simfukwe delivered the judgment quashing the conviction on July 3, 2026, which was later published on the court’s website.

Judge Simfukwe ruled that, after reviewing the proceedings and submissions, the court was satisfied that the prosecution had failed to prove the case beyond reasonable doubt.

She ordered Mr Nkya’s immediate release unless he was being held for other lawful reasons.

Basis of appeal

The prosecution’s case at Hai District Court relied on testimony from the court office attendant, Ms Sara Mwakasitu, who discovered the break-in after arriving at work and noticed that the computer, scanner, and flash disk were missing.

After reporting the matter to the Primary Court Magistrate, an inspection revealed a broken window and that money kept in the office had been stolen.

Police forensic experts later lifted fingerprints from the window and desks, claiming they matched Mr Nkya’s fingerprints.

Defence

During the trial, Mr Nkya denied the charges. He told the court that he was initially arrested and charged with armed robbery on October 15, 2024, before the charge sheet was amended on December 19, 2024, to housebreaking and theft.

To support his claim of wrongful prosecution, he tendered the initial armed robbery charge sheet as an exhibit, maintaining his innocence.

Appeal

In his appeal, where he was unrepresented, Mr Nkya raised 11 grounds, arguing that the trial magistrate failed to recognise major contradictions between the charge and the evidence.

He argued that the fingerprint evidence was unreliable and that his arrest was based on mere suspicion.

State Attorney Julieth Komba, representing the Republic, conceded to some of the appellant’s arguments and asked the court to allow the appeal.

She noted that the case relied entirely on circumstantial evidence because no witness saw the appellant at the scene.

She further explained that the prosecution failed to provide detailed identification of the stolen property or explain the circumstances of Mr Nkya’s arrest and whether he was found in possession of the items.

Court decision

Judge Simfukwe ruled that although the properties belonged to the court, the prosecution had failed to remove doubts linking Mr Nkya to the crime.

She noted that the fingerprint evidence, which was the sole basis for the conviction, was flawed due to an unexplained delay in submitting it to the forensic laboratory, affecting its reliability. Consequently, she quashed the conviction and sentence.