High court acquits 10 in murder case over land dispute

GEITA: THE High Court in Geita Region has acquitted 10 members of the same clan who were charged with the murder of their brother, Japhet Lusangija Nyororo, and his wife, Winfrida Kabwata.

The case arose from a dispute over the inheritance of 400 acres of land. Judge Griffin Mwakapeje ruled that the prosecution, which presented 18 witnesses and four exhibits, failed to prove beyond reasonable doubt that the accused were involved in the killings on 2 January 2024, at Ihanga Village in Chato District, Geita Region.

Those acquitted include Ernest Nduta Nyororo (alias Hatari), Zanzibar Madegeleki, Lucas Zanzibar Madegeleki, Lushingi Madegeleki, Kesi Madegeleki, Simon Madegeleki (alias Buduru), Kinyonga Madegeleki, Jumanne Juma Makaranga, Tulo Swakala Kisasembe and Mpina Madegeleki (alias Kagugu).

In his judgment, Judge Mwakapeje stated he found the accused persons were not guilty of the offence of murder as charged.

He acquitted them and order that they be released forthwith from prison unless lawfully detained in connection with other matters.

He said the prosecution failed to prove all three essential elements of murder: the death of the victims, the accused persons’ involvement in causing the deaths and their intent to kill (malice aforethought).

In this case, he noted, while the first element, establishing the deaths of Japhet Lusangija Nyororo and Winfrida Kabwata, was proven, the prosecution failed to establish the second and third elements, namely that the accused persons unlawfully caused the deaths and did so with malice aforethought.

“As the burden of proof rests solely on the prosecution and must be discharged comprehensively for all elements, failing to meet this threshold conclusively means that the case against the accused persons has not been proven,” the Judge said.

It was undisputed that the prosecution’s case hinged on the assertion that the deceased, Japhet Lusangija Nyororo and his wife, Winfrida Kabwata, were killed due to disputes arising from the inheritance of land located at Isubya.

The deceased, Japhet Lusangija Nyororo, as the appointed administrator of the estate, faced discontent from certain beneficiaries, especially the accused persons, who were reportedly dissatisfied with his decision to dispose of portions of the land.

According to the prosecution, these grievances allegedly culminated in a plan to eliminate him, with the ultimate goal of repossessing the disputed land.

It was also asserted in evidence that plan meetings were convened by members of the Nyororo clan, during which it was agreed that each member would contribute a sum of money to the tune of 100,000/= to hire individuals to carry out the killings.

However, in the judgement, the judge ruled, “no prosecution witness testified to having attended or observed such meetings, nor did any witness provide testimony regarding discussions that involved planning the killings and the way the contributions were collected to execute the plan.”

Moreover, he said, the prosecution failed to provide specifics such as the location of the purported meetings, the identities or roles of the attendees, or the details of the alleged deliberations.

ALSO READ: Two suspects charged with murder of Dodoma businesswoman’s six-year-old son

Facts show that the accused persons, predominantly members of the Nyororo clan, were charged with conspiring to commit the murders of Japhet Lusangija Nyororo and his wife, Winfrida Kabwata, allegedly motivated by a longstanding dispute over a 400-acre estate.

According to the prosecution, the land in question was at the centre of inheritance conflicts, with Japhet Lusangija, acting as the estate’s administrator, accused of selling portions of the land without the consent of other family members.

This act purportedly incited resentment among certain relatives, who sought to reclaim control of the said land. The prosecution claimed that these grievances culminated in a calculated plan to eliminate Japhet, the administrator, to pave the way for the reallocation of the estate and its management.

However, in the execution of the said plan, his wife was also killed. All ten accused persons categorically denied any involvement in the murders or related conspiracies.