How wife’s testimony exposed husband’s killer before Tanzania High Court

The incident occurred on the night of July 20, 2024, in Nyabichune Village, Tarime District, Mara Region.

The judgment was delivered on July 20, 2026, by Justice Edwin Kakolaki, who heard the murder case, with a copy later uploaded to the Judiciary website.

How the evidence unfolded

The prosecution called four witnesses and tendered two exhibits to prove its case, including the deceased’s wife, who witnessed the fatal attack.

She told the court that at about 9 pm her husband returned home and found their young child crying, prompting him to comfort the child while she prepared bath water outside their room.

She said while outside, Mr Nyagabure arrived and went to the room of his relative, Mama Baraka, where he knocked on the door before Mama Baraka’s child, Baraka, came out and spoke with him in a local language she did not understand.

She testified that she took the child inside so her husband could bathe, but suddenly saw Nyagabure with a knife before stabbing her husband in the stomach below the navel.

She said after being stabbed, her husband managed to take a few steps towards the bathroom before collapsing and bleeding heavily, forcing her to scream for help, prompting neighbours to rush to the scene and take him to Nyangoto Health Centre.

She said he received first aid at the facility before being transferred to Tarime District Council Hospital, where he later died.

Medical evidence presented in court showed the deceased sustained a knife wound measuring about six centimetres wide, causing intestinal perforation and severe bleeding.

Defence

In his defence, Mr Nyagabure denied killing Mr Habi, claiming he was not at the scene and that he had spent the night at his home in Komawale Sub-village, Nyabichune Village, sleeping with his wife and their five children.

He maintained that he never went to Mr Habi’s house and had no involvement whatsoever in the stabbing that resulted in his death.

Court decision

After reviewing the evidence, the judge said the prosecution was required to prove three essential elements to establish the murder charge.

These were that Mr Habi died an unnatural death, that the accused caused the death, and that the act was committed with malice aforethought.

The court held that medical evidence established the first element by confirming the deceased died from a knife wound that perforated the intestines and caused severe bleeding.

On the identity of the killer, the court relied mainly on the testimony of the deceased’s wife, Ms Paul, who said she witnessed the attack.

The court found Ms Paul had a clear opportunity to identify the assailant because the incident occurred near where she stood, the area was illuminated by electric lights, and she already knew the accused because she had previously seen him visiting his sister, Mama Baraka.

Justice Kakolaki held that Ms Paul’s identification evidence was credible and ruled out the possibility of mistaken identity.

The court also dismissed the accused’s alibi that he was at home with his family, holding that it could not outweigh the strong eyewitness testimony of the deceased’s wife, who said she saw him commit the offence.

In determining whether the accused acted with malice aforethought, the court considered the weapon used, the part of the body targeted and the nature of the injury, finding these demonstrated an intention to kill or cause grievous bodily harm.

The court concluded that all ingredients of the offence of murder had been proved beyond reasonable doubt and convicted Mr Nyagabure under Sections 196 and 197 of the Penal Code before sentencing him to death by hanging.

“The accused has been convicted of the offence of murder as charged, and the law mandates that once an accused is found guilty of murder, the sole prescribed sentence is death by hanging; I sentence Mr Mwita to hang until dead under Section 197 of the Penal Code,” ruled the judge.