Arusha. In a dramatic turn of events, the Court of Appeal, sitting in Tabora, has overturned the death sentence imposed on Akizimana Buchengeza and Perajia Mawenayo. The ex-spouses had been convicted of the murder of Perajia’s new husband, Augustino Ndisabila, and the mutilation of his genitals.
On August 22, 2024, a panel of three judges—Patricia Fikirini, Shaban Lila, and Panterine Kente—delivered their ruling in Criminal Appeal No. 43 of 2022. The court quashed the death sentence initially handed down by the High Court in Tabora on December 17, 2021, following a comprehensive review of the case.
Akizimana and Perajia were accused of murdering Augustino on June 25, 2017, in Ulyankulu Village, Urambo District, Tabora Region. The prosecution claimed that Perajia and Augustino had a tumultuous relationship exacerbated by Augustino's disputes with Perajia over his other wife and food.
According to the allegations, on the day of the incident, Perajia was heard crying for help. When witnesses arrived, they found Augustino dead in a pool of blood, with severe injuries and mutilation. The witnesses included Mikas Kabula and Turundiko Salvatory, who testified about the troubled relationship between Perajia and Augustino.
The case was marred by procedural issues, particularly regarding the admission of evidence. The Primary Court Magistrate of Ulyankulu, Chilemba Chikawe, recorded statements from Akizimana and Perajia, which were later challenged by the defense as improperly admitted.
Defense Arguments
Akizimana, in his defense, claimed he was unfamiliar with Perajia and asserted he had been arrested by community police. Perajia argued that while she had disputes with Augustino, she had not murdered him. She also claimed she was tortured into confessing and denied any knowledge of Akizimana.
The Appeal
The appeal, represented by attorney Saikon Justin, raised several grounds for overturning the conviction. Key arguments included errors in convicting and sentencing based on improperly admitted exhibits. The defense argued that the prosecution's case relied solely on these questionable exhibits and that their removal left insufficient evidence to prove the appellants' guilt.
Senior State Attorney Upendo Malulu supported the appeal, acknowledging the deficiencies in the prosecution's case.
Judgment
Judge Lila, delivering the ruling, emphasized that all evidence must be disclosed to the defendant and listed properly according to sections 289(1) and (2) of the Criminal Procedure Act. The judges found that the third and fourth exhibits—namely, the caution statements—were improperly admitted and did not meet the required legal standards.
The panel concluded that the remaining evidence was insufficient to establish guilt beyond a reasonable doubt. Consequently, they removed the contested exhibits from the record and acquitted Akizimana and Perajia.
The court's decision highlights significant procedural issues and underscores the importance of adhering to legal standards in ensuring justice.
For Akizimana and Perajia, the acquittal marks the end of a harrowing chapter, with their conviction overturned and their sentences nullified.
Register to begin your journey to our premium contentSubscribe for full access to premium content
