Father's Murder of Two-Year-Old Son Results in Death Sentence

Court Upholds Death Sentence for Father Who Killed His Two-Year-Old Son

Arusha, Tanzania (March 4, 2025)

In a tragic case that has shaken the Serengeti District in Manyara Region, the Court of Appeal has upheld the death sentence for Musa Range, a resident of the Serengeti District in Mara, after he was convicted of beating his two-and-a-half-year-old son, Emmanuel Musa, to death.

The court's ruling, delivered on February 28, 2025, follows the dismissal of an appeal filed by Musa against the death sentence originally handed down by the High Court in Musoma on July 12, 2021. The appeal was rejected after the court found that the evidence presented against Musa was compelling and conclusive.

The incident occurred on June 17, 2017, in Nyamatare Village, Serengeti, when Musa's wife, Pendo Marwa, left their home and sought refuge at her father’s house in Mwigaye Village to complain about her husband's violent behavior towards their child.

Witness Testimonies and the Course of Events

Pendo, who was the first witness in the case, testified that on the day of the incident, Musa had severely beaten their child, prompting her to leave their home for the safety of their son. Upon her arrival at her father’s house, Pendo was instructed by her father-in-law to accompany one of Musa’s relatives, Magoiga Range, back to their home to investigate the cause of the violence.

Upon reaching the house, Pendo found Musa busy laying bricks, but Emmanuel was missing. After some time, Musa confessed to the crime, admitting to killing his child.

As the community gathered after Pendo’s cries for help, they set out to search for the boy’s body. Emmanuel’s older brother, aged nine at the time, led the group to a bush, where the child’s body was found hidden.

Court's Verdict and Key Legal Points

The Court of Appeal’s decision was delivered by three judges: Barke Sehel, Lucia Kairo, and Amour Khamis. Judge Sehel emphasized that they had carefully examined the evidence and testimonies presented by both the defense and prosecution. The judges were satisfied that the prosecution’s witnesses were credible and that Musa’s confession was made voluntarily and without coercion.

In their ruling, the judges referred to Section 3 and 27 of the Evidence Act, which deals with the admissibility of confessions. They concluded that Musa’s verbal admission, made to his wife, was credible and legally valid. The court also dismissed the defense’s claims of witness unreliability.

Post-Incident Developments and Investigation

Later that night, Magoiga called the local chairman of Mirengo Ward, Thomas Nyahanga, to report the crime. This led to the police being notified. Dr. Albert Kasanga, the Medical Officer in charge at the Mugumu District Hospital, confirmed that the cause of death was internal injuries sustained from blunt force trauma to the abdomen, which led to a heart attack.

Musa fled the village following the incident and was not present during the body’s identification on June 17, 2017. He returned five days later, and in March 2019, he was arrested after being spotted at night, leading to his eventual trial.

Appeal Process

Dissatisfied with the High Court's ruling, Musa filed an appeal on December 8, 2021. His grounds for appeal included claims that the trial court had erred in its legal findings, that the prosecution had failed to prove its case beyond a reasonable doubt, and that the credibility of the witnesses was questionable. However, the appeal was dismissed as the appellate court found no merit in these claims.

Musa was represented by lawyer Leonard Magwayega during the appeal, while the government was represented by Senior State Attorney Grace Madikenya, along with two other state lawyers.