Arusha. The Court of Appeal has upheld the death sentence imposed on Sami Kisenga after he was convicted of murdering his aunt, Holo Kisenga (50), in Shinyanga Region.
The appellant had been sentenced to death by hanging by the High Court, Shinyanga Zone, on December 23, 2023, after being found guilty of murder contrary to Section 197 of the Penal Code.
According to court records, the incident occurred on May 19, 2019, at Nyaligongo Village in Shinyanga Region. The deceased sustained fatal cuts to the head and neck inflicted with a machete.
A panel of three justices—Shaban Lila, Issa Maige and Latifa Mansoor—delivered the appellate judgment on February 25, 2026, dismissing the appeal in its entirety. A copy of the ruling has since been made available on the Judiciary’s website.
Evidence before the court
During the trial, the prosecution called six witnesses and tendered five exhibits to support its case.
Dr Richard Okwachi, who conducted the post-mortem examination, testified that the cause of death was excessive loss of blood resulting from severe injuries.
Selemani Luchanganya, the deceased’s son, told the court that he witnessed the attack and identified the appellant as the assailant. He said he was using a torch at the time and saw the appellant strike his mother on the head and neck with a machete.
Another witness, Nhale Masumbuko, testified that he responded to screams at the scene but found the deceased already dead with a deep wound on her neck.
Samson Mtonja, Ward Executive Officer for Mwakitolylo, told the court that the appellant admitted to killing the deceased, alleging that she had bewitched and caused the death of his father.
Defence and appeal
In his defence, the appellant denied committing the offence and claimed he was at his rice farm in Masumbwe Village on the day of the incident. He further alleged that police tortured him and forced him to sign a caution statement.
The High Court, however, found that the prosecution had proved its case beyond reasonable doubt, relying on eyewitness testimony, medical evidence and the appellant’s admissions.
In his appeal, the appellant challenged the admissibility of the medical report and his extra-judicial confession, arguing that the caution statement had been recorded outside the legally prescribed time and in violation of the Chief Justice’s Guidelines.
Court’s ruling
In its determination, the Court of Appeal held that the extra-judicial confession had been properly admitted. The judges noted that the relevant provisions of the Chief Justice’s Guidelines were administrative innature and did not invalidate the confession.
The court further found that the caution statement was corroborated by eyewitness testimony and other evidence on record.
“The appeal lacks merit and is hereby dismissed. The judgment of the High Court is upheld together with the sentence imposed,” the court ruled.
With the dismissal of the appeal, the death sentence by hanging remains in force.
