Court frees, but bans man from taking alcohol for 12 months after k*****g father-in-law

A High Court in Kigoma, Tanzania on Monday, February 1 freed a middle-aged man who killed his father-in-law two years ago. The court, however, ruled that the accused should not take alcohol for at least 12 months.

Boniface Kachila, a resident of Kiyungwe Village in Kasulu, Kigoma Region, fatally assaulted his father-in-law, Ndolele Donansiano, on June 13, 2019 when the two were going home after spending the evening drinking alcohol at a local nightclub.

Kachila and Ndolele are said to have differed on their way home, resulting in a fight.

Kachila is alleged to have punched and kicked Ndolele on different parts of his body, killing him on the spot. A postmortem conducted on Ndolele revealed that he suffered a fractured skull.

State prosecutor, Clement Masua, urged the court to severely punish the accused, who had admitted to killing Ndolele, though accidentally.

Kachila’s advocate, Sadiki Aliki, on the other hand, urged the court to be lenient on his client, arguing Ndolele died under accidental circumstances.

“The accused was very close with his father-in-law. There was no way he premeditated his killing. I further urge the court to leniently sentence the accused because he is the sole provider for his two wives, seven children and his 80-year-old mother,” said Aliki.

“The accused was taken into custody two years ago, and has fully learnt a lesson or two for his offense,” added Aliki.

Delivering his ruling, Kigoma High Court Judge Athumani Matuma said he had considered remarks made by the opposing sides. Justice Matuma said Kachila deserved the court’s leniency because he had been cooperative since his arrest on June 13, 2019.

“The accused admitted to accidentally causing his father-in-law’s death. However, the investigating officer did not tell the court what or who caused the fight. When the two were fighting, there was no witness, and, therefore, we can’t confirm or deny that the accused was acting in self-defense,” said Justice Matuma.

The judge said the court was setting Kachila free, but barring him from taking any alcoholic drink for at least 12 months.

Justice Matuma suggested that were it not for the alcohol the suspect had taken, then the Ndolele would have not lost his life, given Kachila would have been of sound mind to avert a fight.

The judge said he was freeing Kachila on condition that within 12 months, he should not engage in any other criminal activity lest he be taken into custody for a lengthy duration.