By Kusekwa Kusekwa
The High Court in Arusha has acquitted three men accused of attempting to kill a school security guard, after ruling that the prosecution failed to prove the case beyond reasonable doubt.
Justice Dafina Ndumbaro freed Kelvin Ndiogi Mirishi, alias Rasta, Isaya Kelvin and Kizito Kutoi, who had been charged with trying to kill Green Eden Primary School guard, Paschal Hillu. The judge said the prosecution’s seven witnesses gave contradictory evidence that could not sustain a conviction.
“The offence was not proved beyond reasonable doubt to warrant conviction,” Justice Ndumbaro declared in her judgement, adding that the alleged intention to kill and the use of deadly weapons were not established.
The court noted inconsistencies in the testimony. The victim claimed the attackers used a bush knife, stick and Maasai club (rungu), while another witness mentioned only a stick and a rungu. The PF3 medical form describing the weapons was also found unreliable.
According to the charge, the incident occurred on August 25, 2024 at Kisongo, Longido District, where the three allegedly attacked and robbed Hillu, leaving him unconscious. He told the court they had threatened to kill him, struck him with a ring-clad fist and sticks, slashed him with a bush knife and stole Tsh 460,000 plus his mobile phone.
However, all three accused denied knowing the victim or committing the offence. The judge ruled that the contradictions and lack of proof of deadly weapons left the prosecution case unproven, leading to their acquittal.
