Arusha. The High Court of Tanzania, Arusha Zone, has upheld a life sentence imposed on an Arusha resident after dismissing his appeal against conviction for sodomising a five-year-old boy.
In a judgment delivered on February 9, 2026, Judge Frank Mahimbali rejected the appeal, affirming the decision of the Arusha District Court which had found Nasibu Kilalo guilty.
The High Court ruled that the prosecution had proved its case beyond reasonable doubt and that the grounds advanced in the appeal had no merit.
Mr Kilalo had been convicted in Criminal Case No. 24697/2024 after the trial court was satisfied that the offence had been committed contrary to Section 154(1)(a) and (2) of the Penal Code.
The prosecution alleged that on August 4, 2024, at Shuma Street in Elerai, Arusha, the appellant committed the offence against the minor.
How the case unfolded
In the trial, the child reported the assault to his mother who testified that after receiving the information, she alerted local leaders. The child told them that Nasibu had summoned him to an office belonging to a man named Babuu and committed the offence there.
The office owner and Prosecution Witness Three, Petro Stephano, confirmed that the accused was inside his office and that he saw the child leaving with his trousers undone.
A Clinical Officer at Kaloleni Health Centre (Prosecution Witness Five) who examined the child, testified that the minor had injuries to the genital area and relaxed muscles consistent with penetration.
Mr Kilalo denied the offence, claiming the case was fabricated over a dispute with a man named Joseph regarding an unpaid debt.
However, the trial court found that the prosecution had proven all elements of the offence under Section 154(1)(a) and (2) of the Penal Code and sentenced him to life imprisonment.
Appeal
Dissatisfied with the sentence, Mr Kilalo filed an appeal citing six grounds. He argued that the conviction was unsafe, that the court had relied on unreliable witnesses, that inconsistencies in prosecution evidence were not addressed, and that his defence had not been properly considered.
During the hearing, he maintained his grounds and urged the High Court to quash the conviction.
He contended that the prosecution’s evidence was weak, inconsistent, and did not meet the standard of proof beyond reasonable doubt.
After reviewing submissions and proceedings, Judge Mahimbali stated that the court must determine whether the evidence proved the offence beyond reasonable doubt and assess the credibility of witnesses in accordance with the Evidence Act.
The judge found the testimony of the child credible and corroborated by the third and fourth witnesses, supporting the sequence of events.
He further held that alleged inconsistencies were minor and did not affect the core of the case. The claim that the accusation was false was also dismissed, as the child’s report to his mother and medical evidence substantiated the charge.
“Having considered all grounds of appeal, this court is satisfied that the prosecution proved the case beyond reasonable doubt. The trial court properly convicted the appellant,” the judge ruled.
The High Court consequently dismissed the appeal and upheld both the conviction and the life imprisonment sentence imposed by the Arusha District Court.
