TANZANIA: Man gets six years jail on plea of manslaughter

Written by PETER TEMBA in Moshi

A RESIDENT of Rau Madukani in Moshi municipality, Eugen Martin Kimario alias Kipara (52), has been sentenced to six years imprisonment following his plea of manslaughter in the High Court of Tanzania, Moshi Registry.

“It is true that I killed Philemon Rigobert Moshi, without malice aforethought,” the accused pleaded before Justice Moses Nzuma.Giving facts of the case, the State Attorney, Ms Tamari Mndeme told the High Court that on January 15, last year, the accused killed Philemon, by then aged 30 years.

She told Justice Nzuma that on the fateful  day, the accused and the deceased were drinking a local brew known as ‘Wanzuki’ at a local brew shop owned by Saidi Mushi alias Baba Zaka, saying the duo stayed there for some time and left the area each heading to his direction.

Within a short time, people who remained at the shop heard a person shouting loudly and raising alarm. They rushed to the scene and found that the deceased had been fatally stabbed on his chest by the accused who was wielding a blood-stained knife.

The deceased was rushed to St Joseph Hospital before he was referred to Kilimanjaro Christian Medical Centre (KCMC) where he passed away on the following day.

Ms Mndeme told the court that the body of the deceased was examined and according to a post mortem report, the cause of the death was due to internal bleeding.

She said the accused was then taken to Majengo Police Station where he confessed, in his cautioned statement and later in his extra judicial statement he confessed to have killed the man.

In mitigation, defence counsel, Miss Jane Kiwala prayed for a lenient sentence because her client was provoked by the deceased who had told the accused that he (the accused) was bankrupt and invited him to wash his (deceased’s) dog. As a human being the accused lost temper and assaulted the deceased.

Justice Nzuma observed that by using a knife, a lethal weapon, the accused had intended to cause grievous harm or even death to the deceased who was then not armed.

Source: Daily News (03/11/2012): http://dailynews.co.tz/index.php/local-news/11165-man-gets-six-years-jail-on-plea-of-manslaughter