Arusha. Failure to produce in court a video allegedly capturing the attackers, delays by the prosecution's key witness in identifying the suspects, and evidence ruled inadmissible as hearsay spared three men from the gallows after the High Court, Kigoma Sub-Registry, found that the prosecution had failed to prove beyond reasonable doubt that they were responsible for the killing of Dickson Kamenya.
Those acquitted are Mr Barnabas Andrea, a carpenter at Kabanga Health Institute, Mr Lameck John, and Mr Ibrahim Kileha, a teacher at Chekenya Primary School.
The judgment was delivered on Friday, July 3, 2026, by Justice Augustine Rwizile, who presided over the trial. A copy was later uploaded to the Judiciary's website.
The three were charged with murder contrary to Sections 196 and 197 of the Penal Code after allegedly killing Mr Kamenya on October 19, 2023, in the Sinza area, Kasulu District, Kigoma Region.
According to the prosecution, on the day of the incident, the accused asked Tumaini Festo to show them where the deceased was, claiming they wanted him to undertake masonry work.
After arriving at the first accused's home, the prosecution alleged that Mr Kamenya and Tumaini were accused of stealing unspecified property before being tied with ropes and assaulted with sticks, electric cables, and kicks.
The prosecution further alleged that the pair were later taken to the Bogwe River, where they were beaten again and submerged in water before being abandoned in critical condition.
Mr Kamenya was found unconscious the following day and taken to Kasulu District Hospital before being transferred to Maweni Regional Referral Hospital, where he died on November 1, 2023.
A post-mortem examination established that he died from severe brain injuries sustained during the assault.
Defence
In his defence, the first accused told the court that on the day of the incident, he had been at work making students' desks, reporting at 7 am and leaving at 9.30 pm, and therefore could not have been at the crime scene.
He produced his staff identity card and attendance register in support of his defence, while the Human Resources Officer at Kabanga Health Institute confirmed that he had been on duty throughout the day.
He also denied the prosecution's claim that the deceased had been assaulted at his home.
The second accused also denied involvement in the killing, telling the court that on October 19, 2023, he had been working on his sister's farm in Nyachenda Village from morning until 5 pm with his sister, brother-in-law, and two other workers.
He said he neither knew the deceased nor participated in the incident.
The third accused, Mr Kileha, a primary school teacher, told the court that he reported for duty at 7.08 am, taught throughout the day, and never left the school premises.
He produced the school's attendance register and his staff identity card in support of his defence.
A fellow teacher, Mr Anderson Yakobo, testified that they had reported for duty together, signed the attendance register, and remained at school throughout the working day.
Court ruling
Justice Rwizile held that although the prosecution had proved Mr Kamenya died from a severe assault that caused fatal brain injuries, it had failed to establish beyond reasonable doubt that the accused was responsible for inflicting them.
The judge said the prosecution's key witness, who claimed to have witnessed the entire incident, failed to identify the accused to relatives or police immediately after regaining consciousness, despite asserting that he had known them before the attack.
The court further observed that the witness did not mention the accused by name in his police statement, casting serious doubt on the credibility of his subsequent identification.
The court also found material inconsistencies in the prosecution's evidence regarding how the accused was identified.
Justice Rwizile noted that while one witness claimed to have seen the accused carrying out the assault, others said they identified them through a video allegedly recorded by a person who was never called to testify.
The judge said the video was never produced as an exhibit, and the device allegedly used to record it was unavailable, rendering the purported video evidence hearsay with no probative value.
The court also identified inconsistencies surrounding the circumstances of the incident, including conflicting accounts of the house where the assault allegedly began, further weakening the prosecution's case.
Given those shortcomings, the court held that the allegations against the accused amounted to mere suspicion and fell far short of the legal threshold required to prove a criminal offence beyond reasonable doubt.
The court therefore acquitted all three accused and ordered their immediate release unless they were being held in connection with any other lawful matter.
