Tanzania Court of Appeal quashes death sentences over weak evidence

The Court of Appeal has overturned the death sentences of three individuals convicted of murdering Geofrey Manionga, ruling that the evidence did not conclusively establish their guilt.

The three acquitted in appeal number 268/2024 are Yohana Mwambenjele, Andrea John, and Rogers Mwakingili, who were originally sentenced to death by hanging on April 4, 2014, by the Mbeya High Court following their conviction.

It was alleged that on May 21, 2020, they killed Mr. Manionga in Uyole, Mbeya Region.

His body was discovered on May 23, the same year, along the Mbeya–Iringa road, in the St Agrey area, with a head injury said to have caused his death.

The verdict freeing the accused was delivered on Monday, February 16, 2026, by a three-judge panel of the Court of Appeal comprising Justice Rehema Kerefu, Lucia Kairo, and Dr Deo Nangela, and published on the court’s website.

Judge Nangela said the prosecution’s case relied heavily on circumstantial evidence, which was incomplete under legal procedures.

He noted that in cases based solely on circumstantial evidence, the prosecution must establish a complete chain of circumstances to remove all doubt and prove guilt beyond a reasonable doubt.

He explained that the fourth witness’s testimony and the first accused’s caution statement recorded by that witness did not comply with Section 308 of the Criminal Procedure Act (CPA) and were excluded from the appeal proceedings.

Crucial evidence, including the deceased’s mobile phone, had no witnesses to verify how it was obtained from Emmanuel Masasi or Gift Sanga, who claimed to have sold it.

“Failing to summon these key witnesses affected the chain of evidence, leaving a major gap that weakened the prosecution’s case,” said Judge Nangela.

After reviewing all the evidence, the judges concluded that once the fourth witness’s testimony and the first accused’s caution statement were excluded, the remaining evidence was insufficient to prove guilt beyond a reasonable doubt.

The appeal was upheld, the High Court judgment quashed, and the accused were ordered to be released unless held for other legal reasons.

Basis of appeal

The accused argued that the prosecution failed to summon key witnesses and did not prove the case beyond a reasonable doubt.

The Republic acknowledged procedural gaps, noting that the fourth witness, whose testimony formed the prosecution’s main evidence, was not properly summoned.