The Republic vs Mrenda S/O Nyahegere Manko (Criminal Sessions Case No. 53 of 2000) [2000] TZHC 70 (29 November 2000)

IN 10 THE HIGH COURT OF TANZANIA AT MUSOMA ORIGINAL JURISDICTION (Mwanza Registry) CRIMINAL SESSIONS CASE NOa 53 OF 2000 THE REPUBLIC VERSUS MRENDA S/0 lfYAHEGERE MANKQ. Date: 29th November,20000 Coram: Hono Jo Ao Mroso, Judgeo Mr~ Phillipo Mcamanga - State Attorney for the Republico Mro Lugola & Coo Adv~ - Counsel for the Accuseda Accused (name) Mrenda s/o Nyahegere Manko 9 is present under custody and represented by Piro Lugola Advocateo Interpreter l"Iro Charles Bo English into Kiswahili and vice versao Notice of trial on information for Manslaughter contrary to section 195 cf the Penal Code was duly served on the Accused, now before the .Court on 29th November,20000 Information is read over and explained to the accused in his own language and he is required to plead thereto: Plea: "It is true I killed deceased·unlawfully but without -intending it 11 o Entered as a plea of nGuilty" to the charge 0 "=·· •-;;;-=.! .L·..A...., V FACTS Sgdo Jo Ao MROSO JUDGE On 21/2/98 in Gibaso, accused had information his young wife Paulina and the wife of a son of a~cused had gone to home of deceasedo Deceased took Paulina to his bedroom while the other woman Ghati was left

2 in the sitting roomo Accused weht to PoCo Rashid 1 s house, knocked and then broke into the bedroom where PoCoRashid was in bed with accused's wifeo Accused stabbed deceased in the abdomen with a knifeo Paulina and Ghati fled from the houseo PoCo Rashid cried out for help and many people respondedo Policemen came and arrested accusedo PoCoRashid was taken to hospital and two days later died from the woundso Post Mortem Examination done on the dead body and according to the Post Mortem Examination Report - death due to septic shocko Accused was later charged with th2 present offenceo Post 'f'ilortem Examination Report put in, no objection, marked Exho P1o Accused: ;'It is all true" o Finding: From the plea of the accused and on his accepting the facts as narrated by the State Attorney to be true and correct, I find the accused guilty of manslaughter c/s 195 of the Penal Code and I convict him accordingly on his own plea of guiltyo Previous Record: Nilo Sgd. Jo Ao MROSO JUDGE

- 3

Mro Lugola: 1o Accused is aged sixty yearso 2o Has six wives and 43 children, 10 of the:. children are in Secondary School and 12 in the Primary Schoolo 3o Accused, suffered from TB while in remand custodyo Hospital Chit - put in, no objection and marked Ex. D1. 4o Deceased had exhibited provocation in the extreme, by committing adultery with accused's wifeo So, deceased authored his mm death. 5o Accused has pleaded guiltyo Pray, show him leniency. He was in custody for one year before he was granted bailo SENTENCE I have taken into full account the mitigating factors pleaded by the defence counsel. I agree that deceased behaved irresponsibly and provocatively by engaging in adultery with accused's younger wife and. was caught inflagrante delictoo Even so, accused cannot be excused for using a lethal weapon on deceased .. He could have used other lawful means of getting the deceased apprehended and set the law in motion against himo The ready use of lethal weapons in settling disputes must be discouraged by all lawful meanse I sentence the accused to three years imprisonment. Right of appeal against sentence is explained., At Musoma,- 29/11/20000 ~ J. Ao MROSO JUDGE