The Appellant was charged, convicted and sentenced to
mandatory punishment of death for the offence of murder. It was alleged that
the Appellant killed the deceased Hamida w/o Swalehe, one of the women being
accused of practicing witchcraft. The killing occurred at a place where one of
the witnesses used to sell a local brew known as “kwete”. As they were
drinking their beer, the Appellant emerged and walked slowly to the place where
the deceased was seated and took a “panga” which was hidden in his
clothes and started to cut the deceased with it. The Deceased fell down and the
Appellant mercilessly continued to cut her legs. The Appellant in his defence
did not dispute cutting the deceased with a “panga”. He said he did that
because he was suffering from a disease known in his tribal language as “Akabonge
(insanity).