Serengeti. A resident of South Unguja Region, Mr Masoud Othman Nzengi, has been released by the Court of Appeal of Tanzania after it overturned his death sentence for the murder of his wife, Ms Mariamu Bakari Matoja, whose body was dumped in a well.
The court found serious procedural irregularities in the Zanzibar High Court trial and declared the proceedings void.
The judgment was delivered on Monday, June 29, 2026, by Justices Barke Sehel, Issa Maige, and Lameck Mlacha, sitting in Zanzibar, in an appeal filed by Mr Nzengi against the Director of Public Prosecutions (DPP).
The court ordered his immediate release unless held for other lawful reasons.
Background
Mr Nzengi was charged with murdering his wife at their home in Kidimni, Central District, South Unguja Region, on December 23, 2020.
The prosecution relied heavily on testimony from a 13-year-old grandchild, who claimed he saw the appellant strangling the deceased with a club.
He further testified that he hid in a banana plantation, later saw Mr Nzengi carrying the body to a well and dumping it, before being told the victim had run away.
Another witness, the deceased’s child, said she found her mother’s scarf and shoes near the scene, with signs the body had been dragged, leading her to suspect her father due to marital disputes.
Mr Nzengi denied the allegations, saying his wife disappeared from home and was later found dead.
He said they had lived together for 33 years, noting that he was tortured for eight days and forced to confess, which he refused.
Furthermore, Mr Nzengi challenged the credibility of the child witness, alleging misconduct and drug use.
The High Court convicted him of murder and sentenced him to death by hanging.
Grounds of appeal
Mr Nzengi filed 24 grounds of appeal, including claims that the trial judge failed to properly direct assessors on key legal principles before they gave their opinions, as required in murder trials.
Court of Appeal decision
The Court of Appeal found that the trial judge’s summing-up to assessors was legally deficient.
It held that key principles, including the doctrine of “last seen with the deceased” and the treatment of single-witness identification evidence, were not properly explained.
The court said these omissions deprived assessors of the guidance needed to form independent opinions.
It also found a serious procedural irregularity after one assessor, previously removed due to absence, rejoined the trial without a formal court order.
The assessor later participated in hearings he had missed and gave opinions on evidence not fully heard.
The court ruled that this defect tainted the entire proceedings.
The judges rejected the prosecution’s request for a retrial, saying it would unfairly allow the State to repair gaps in its case.
They held that the evidence underpinning the conviction was legally flawed and could not be cured through a fresh trial.
Final orders
The Court of Appeal quashed the conviction and death sentence and ordered Mr Nzengi’s immediate release unless held on other lawful grounds.
