Legal technicality delays hanging of two in Shinyanga
technicality delays hanging of two in A LEGAL technicality has saved two
people, Mabula Damalu and Makenzi Mihambo, alias Kabora, from being hanged to
death for killing their village mate, Mayunga Elias, after posing to be
medicine-men with repute, who could hold his shop business flourish. Instead,
Justices Salum Massati, Kipenka Mussa and Augustine Mwarija ordered a fresh
hearing of the murder trial having found that the High Court judge recorded
almost all evidence of witnesses in the form of a reported speech, which was
irregular. Referring to some provisions under the Criminal Procedure Act (CPA),
they noted that the judge of the High Court was required to take down the
evidence of witnesses in writing and not in the ordinary form of question and answer,
but the form of a narrative. The justices said that noncompliance with the
provision was fatal and may lead to the expulsion of the evidence of witnesses
taken in contravention thereof and that any other form of recording of such
evidence reduces it to no evidence at all. “In the peculiar circumstances of
this case, including the little that could be gathered from the record, we
exercise our jurisdiction revision, quash all the proceedings, judgment and
sentence and order a retrial of the appellants as soon as possible before a
different judge and set of assessors,” they declared. Meanwhile, the justices
ordered the appellants to remain in remand prison to await the new trial. It is
alleged by the prosecution that the two appellants committed the offence on
September 15, 2010, at Itumbili Village within Kahama District, Shinyanga
Region. Facts show that the deceased had a retail shop in his village called
Ng’ananga. As is the desire with all businessmen, he wanted his business to
flourish. On September 14, 2010, the appellants visited the deceased and held
themselves to him that they were medicine men of repute who could help him
achieve his ambition. The deceased was convinced. The following day, both the
appellants and the deceased left with some money, an axe and a knife to
Itumbili Village each riding his own bicycle. That was the last time the
deceased was seen alive. On September 18, 2010, a naked, headless body with
injuries on the neck and a buttock missing was stumbled upon in a bush in
Itumbili village. The villagers reported about the discovery of the unknown
body to the police. Since the body was not yet claimed, the police allowed it
to be buried. Meanwhile, the family of the deceased, who all along kept on
looking for him, got wind of the discovery of the body. They rushed to Itumbili
Village where they identified the headless body as that of the deceased. This
information was again revealed to the police, who applied for an exhumation
I won the second prize in policy category of the African Information society Initiative ( AISI) awards 2004 which is annually organized by the United Nations- Economic Commission for Africa ( UNECA) based in Addis-Ababa, Ethiopia. On the first photo above standing with other awardees after the Ceremony at the National Settlers monument in Grahamstown, South Africa.This was during the 8th Highway Africa Conference.The second photo shows the cross section of Jounalists from different African countries who attended the ceremony.
I also won the AISI-GKP/SDC Media Award special reporting on WSIS process and Africa, and conferred with the award in Tunis, Tunisia during WSIS summit in 2005. See the photo above.
Winner on the Media Competition on writing about " Stigma denial and Discrimination" associated with HIV/AIDS. This was organized by theAssociation of Journalists Against Aids in Tanzania ( AJAAT). On the Photo above President Jakaya Mrisho Kikwete of Tanzania, ( then the Minister for Foreign Affairs and International Cooperation) was the guest of honour during the award giving ceremony.This was at Maelezo auditorium in Dar-es-Salaam September 2005.
Winner on the Media Competition on writing about "Vulnerable Children" associated with HIV/AIDS This was organized by the Association of Journalists Against Aids in Tanzania ( AJAAT)
Winner of the National ICT Media Award organized By SWOPNET in the Country. On the photo above Morogoro Regional Commissioner, Brigadier General ( Rt) Saidi Kalembo was the guest of honour during the award giving ceremony which was held at New Sarvoy Hotel in morogoro town.I was awarded a Mobile phone and a tape-recorder.
I participated in the Media Competition in writing about VCT (Voluntary Counseling and Testing) in Tanzania which was held between July 15th and October 30th 2008 whereby I emerged among the top five winners. The competition was under the program known as “Tanzania bila Ukwimwi inawezekana” which literally means, Tanzania without AIDS disease transmission is possible”. This is a program which was organizedby the Association of Journalists Against AIDS in Tanzania (AJAAT) under TACAIDS funding. In the photo, I am being presented with a certificate of participation by the Chairman of the Tanzania Commission for AIDS (TACAIDS) Dr. Fatma Mrisho in a colorful ceremony which was held on 22nd December 2008 at Tanzania Information Centre in Dar es Salaam.
I was among the top 17 best selected students who excelled in their final examinations of the 2010/2011 academic year and awarded with the Vice-Chancellor’s prize. I scored 4.5 GPA (First Class) in BA in Journalism. Above I am being given a certificate by the Chairman of the Open University of Tanzania Board of Senate. Standing at the centre facing camera is the Vice-Chancellor, Professor Tolly Mbwette. Extreme left partly hidden is the Deputy Vice-Chancellor (Academic) Professor Elifas Bisanda. This occasion took place during the convocation meeting, a day before the graduation day at the prospective permanent headquarter of the Open University of Tanzania which is currently under construction at Bungo-Kibaha in Coast region 40 kilometers away west of Dar es Salaam city.