By Kusekwa Kusekwa
The High Court sitting in Moshi has sentenced a 31-year-old resident of Hai District in Kilimanjaro Region, Michael Justine Mboro, to 10 years in prison after convicting him of manslaughter in the killing of his younger brother, Emmanuel Justine Mboro, during a family dispute three years ago.
Originally charged with murder, Michael’s charge was reduced to manslaughter after the court found that the killing stemmed from provocation and rage, rather than premeditation.
The judgement, delivered by Judge Lilian Mogella, followed a trial in which the prosecution presented eight witnesses and 11 exhibits to prove the offence.
“The court has taken into consideration the fact that the accused did not plead guilty and consistently distorted the truth in an attempt to escape liability. In the circumstances, this court sentences him to an imprisonment term of ten years,” Judge Mogella said.
The incident occurred on February 25, 2023, at Kilanya, Lyamungo area in Hai District. According to the prosecution, Michael attacked his brother with an axe following a heated altercation, killing him on the spot.
During sentencing, the judge considered both mitigating and aggravating circumstances. The defence pleaded for leniency, noting that Michael was a first-time offender, a young man dependent upon by his widowed mother and that he had expressed remorse for his actions.
However, the prosecution argued for a stiffer sentence, citing the brutal nature of the offence. They acknowledged the accused had no prior criminal record, but insisted that the gravity of the act called for serious punishment.
The court found that while the killing was violent, it was not premeditated. The judge ruled that the accused had acted impulsively possibly due to provocation and therefore reduced the charge to manslaughter, sparing him the mandatory death penalty prescribed for murder under Tanzanian law.
The judgement has left the Mboro family devastated, with one son buried and another behind bars. No family members were available for comment following the ruling.
