Tanzania Court jails father for abandoning disabled child in sugarcane field

Arusha. The High Court, Kigoma Sub-Registry, has convicted, Mr Oscar Daudi, of manslaughter over the death of his son, Davies Oscar, who had cerebral palsy, after finding that he abandoned the helpless child in a sugarcane plantation in circumstances that directly led to his death.

The court ruled that while the prosecution failed to prove murder beyond reasonable doubt, Mr Daudi’s conduct in leaving the child in a remote field amounted to gross negligence that caused the fatal outcome.

The court heard that Davies had lived with cerebral palsy from early childhood and had been under the care of his grandmother in Murubona Ward, Kasulu District, Kigoma Region, after his mother abandoned him and disappeared.

Due to his condition, the child required constant care, had both physical and intellectual disabilities, and relied on a wheelchair for mobility.

Prosecutors told the court that on January 27, 2025, Mr Daudi visited the grandmother’s home, collected the child and took him to his residence in Sofya, but failed to return him as he had done on previous occasions.

According to his own confession, on January 30, 2025, Mr Daudi took the child to a sugarcane plantation in Mwilamvya, Kasulu District, where he abandoned him.

On February 1, 2025, a social welfare officer from Kasulu District Hospital, working with HelpAge International, visited the grandmother’s home to check on the child under a disability support programme but was told he had gone out to play.

On February 7, 2025, a HelpAge International driver visited the home to deliver assistance but did not find the child, and became concerned after noticing the wheelchair remained at the house.

Justice Augustino Rwizile delivered the judgment on Monday, June 29, 2026, after hearing evidence from both the prosecution and defence. Mr Daudi had initially been charged with murder.

The court heard that police investigations later led officers to the father, who admitted taking his son and abandoning him in the sugarcane field.

Following the confession, he led investigators to the site where the child’s badly decomposed remains were recovered.

A post-mortem examination confirmed the remains belonged to Davies. However, due to advanced decomposition, pathologists could not establish the exact cause of death or determine whether any injuries contributed to it.

In his defence, Mr Daudi denied intentionally killing his son, telling the court he had been under severe psychological stress due to the child’s condition and family challenges.

He also claimed he had been intoxicated at the time and had intended to leave the child with a relative but failed to do so.

He admitted abandoning the child in the plantation but said he believed someone would find and rescue him.

In his ruling, Justice Rwizile said the evidence showed Mr Daudi was the last person seen with the child alive and later led police to the recovery site.

The judge accepted that the confession had been made voluntarily and in accordance with legal procedures, making it admissible in evidence.

Although there was no direct evidence on the exact cause of death, the court held that the circumstances showed abandonment of a highly vulnerable child in a remote area that substantially contributed to his death.

Justice Rwizile said Mr Daudi made no effort to check on the child’s welfare after abandoning him and did not inform anyone of his whereabouts.

The judge described the conduct as gross negligence and a serious breach of parental duty, given that the accused fully understood his son’s condition and dependence on care.

However, the court ruled that the prosecution had failed to prove intent to kill beyond reasonable doubt, an essential element for murder.

There was no evidence of a weapon, injuries, or use of force, the judge noted.

The court therefore substituted the murder charge with manslaughter under the relevant provisions of the law.

Justice Rwizile concluded that the prosecution had proved Mr Daudi caused his son’s death by abandoning him in circumstances where survival was impossible.

The High Court convicted him of manslaughter under Section 195 as read with Section 198 of the Penal Code.