In the High Court Sumbawanga Zone has sentenced James Kapyela (52) to death by hanging for having canal knowledge with two minors and later murdered them.
Kapyela, a traditional healer who was residing at Vuta Street in Kizwite Ward, Sumbawanga Municipality, Rukwa Region was convicted and sentenced on Thursday for sodomizing and murdering of two minors in March 2019.
The deceased minors are Nicholas Mwambage (7) and Emanuel Juma (4). A cross section of members of the families and public has commended the Court for delivering such judgment.
Justice Thadeo Menempazi of the High Court, Sumbawanga Zone delivered the verdict which saw the 52 years old Kapyela being sentenced to death by hanging.
Justice Menempazi told the Court that evidence for autopsy revealed that two minors were sodomized and suffocated after being strangled to death.
According to the justice, prosecution side led by State Attorney, Ms Marietha Maguta assisted by Mr Simon Peres proved its case beyond any reasonable doubt that it was Kapyela who committed the offense.
Prosecution side summoned 11 witnesses into Court to attest its case. Counsel Deogratias Sanga defended Kapyela who did not summon any witness into Court.
“I’m sentencing you (Kapyela) to death by hanging in conformity with act number 196 and 195 of Penal Code,”ruled the justice.
State Attorney Peres charged before the Court that, Kapyela committed the crime on March 23, 2019 at Vuta Street at Kizwite Ward in Sumbawanga Municipality.
It was further alleged that before the two minors were confirmed to have been murdered, three children were suddenly reported to have disappeared from the public.
The parents of the deceased children, after unfruitful search for them, reported the matter to Sumbawanga District Police Station.
It was further alleged that the following day after the parents alerted Police of the disappearance of their children, one of the children was seen walking on Vuta Street alone.
The child was seen by a teen girl who went to fetch water to the nearby water tap. She then alerted the minor’s parents and the community on the reappearance of the child boy.
Then the girl escorted his parents and the parents of the other two minors and curious neighbors to Kapyela’s house.
The curious mob of citizens saw a broken old vehicle parked outside the house of Kapyela and when they opened it they met with a strong foul smell from human waste surrounded by swarm of flies inside the car.
The curious mob went ahead and searched the unfinished building located closer to the house of Kapyela and found two bodies of the children abandoned inside.
On mitigation Kapyela prayed for lenient sentence that it was the first offence and has extended members of family that entirely depend on him.
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