By Kusekwa Kusekwa.
The High Court in Manyara has dismissed an appeal by the Director of Public Prosecutions (DPP), upholding the acquittal of 12 people who had been charged with arson in Tsaayo Village, Mbulu District. The charges, if proven, could have carried life imprisonment.
Justice Nenelwa Joyce Mwihambi ruled that the prosecution failed to prove the case beyond reasonable doubt during the trial at the Resident Magistrate’s Court of Manyara. She pointed to contradictions in witness testimony concerning the houses and pigsty allegedly set on fire, saying the inconsistencies went to the heart of the case.
“The contradictions weakened the prosecution’s evidence leaving the case short of the standard required,” Justice Mwihambi said. “I therefore uphold the decision of the Resident Magistrate’s Court. The appeal lacks merit and is dismissed.”
During the appeal hearing, Senior State Attorney Benedict Kapela argued that the prosecution had presented direct evidence from witnesses who claimed to have seen the torching. But defence lawyer Festo Jackson countered that witnesses gave conflicting accounts, with some denying that any houses or pigsties were burned, while others insisted only a toilet unit had been set alight by one person.
The judge further noted that the allegations listed in the charge sheet did not match the testimony given in court, further undermining the prosecution’s case.
The matter stemmed from events on July 8, 2024, when the 12 accused were alleged to have gathered at the home of villager Mathayo Lali. Prosecutors claimed they demolished his house, torched his pigsty and toilet and destroyed his maize and bean farm – together worth an estimated Sh7.3 million. They were also accused of burning down the home of Paschal Mathayo, causing losses valued at nearly Sh2.9 million.
With the High Court’s ruling, the 12 accused villagers remain free, bringing the long-running case to a close.
