Arusha. The Court of Appeal has set free Mr Daud Juma, alias Nkimbili, who was sentenced to hang for murdering his aunt, Ms Christina Juma, over witchcraft allegations related to his wife’s reproductive complications.
Mr Juma was acquitted after the appellate court ruled that his extrajudicial caution statement was improperly admitted, alongside irreconcilable discrepancies in the dates listed on the charge sheet.
The judgment setting him free was delivered on Monday, August 17, 2026, by a three-judge panel comprising Justices Panterine Kente, Dr Paul Kihwelo, and Juliana Masabo.
Justice Kente noted that after evaluating the trial proceedings, the court found procedural flaws that severely undermined the prosecution's case, failing to satisfy the threshold of proof beyond reasonable doubt.
In the primary trial, the prosecution called the appellant's father, Mr Juma Nkibiri, who testified that on February 6, 2023, he received news that his sister had been killed in Kinaga Village, Kahama District, Shinyanga Region.
Upon arrival, he found her body with a severe neck wound.
A relative, Mr Kashindye Juma, testified that Mr Juma had confided in him that his aunt was using witchcraft to cause his wife's stillbirths and neonatal complications, claiming two traditional healers had confirmed the suspicion.
Medical evidence confirmed the deceased died from massive haemorrhage caused by a deep cut across her throat.
Following Mr Juma's arrest on March 30, 2023, police recorded two caution statements.
The second statement, containing an alleged confession, was admitted as an exhibit and formed the cornerstone of the High Court's conviction.
In his defence, Mr Juma denied committing the murder, testifying that he was tortured at Kahama Police Station and forced to sign unknown documents.
On appeal, Mr Juma argued the case was not proved beyond reasonable doubt and that his caution statement was admitted unlawfully.
State counsel conceded to the second ground, requesting the appellate court to expunge the exhibit.
The Court of Appeal ruled that the trial judge improperly heard the contents of the caution statement before determining its admissibility, breaching mandatory statutory procedure.
"It was irregular for the trial Judge to hear the contents of an extrajudicial statement before its formal admission in court, and this was gravely prejudicial to the appellant," stated Justice Kente.
The bench also cited irreconcilable date variances, where witness testimony referenced February 6, 2023, while court records stated April 6, 2023, without the mandatory charge sheet amendments required under Section 234 of the Criminal Procedure Act.
The appellate court quashed the conviction, set aside the death sentence, and ordered Mr Juma’s immediate release.
