By Business Insider Reporter, Mtwara
In a landmark ruling that has sent shockwaves across Tanzania’s legal and law enforcement communities, the High Court in Mtwara on Friday sentenced two senior police officers to death by hanging after finding them guilty of murdering a local mineral dealer, Mussa Hamis, while in police custody.
Superintendent of Police (SP) Gilbert Kalanje, formerly the Criminal Investigation Officer (DCIO) for Mtwara District, and Assistant Superintendent of Police (ASP) Charles Onyango, who was then the Officer Commanding Station (OCS) at Mtwara Police Station, were convicted of killing the businessman on January 5, 2022, at Matengo Police Station.
Delivering the judgment, Judge Hamidu Mwanga ruled that the prosecution had proven beyond reasonable doubt that the two senior officers were directly responsible for the unlawful killing.
“The prosecution has established a strong and consistent case against the accused. Their actions were intentional, brutal, and a gross abuse of their powers. The court finds both guilty as charged and sentences them to death by hanging,” said Judge Mwanga.
The case attracted national attention after it was revealed that Mussa Hamis had died while in police custody under suspicious circumstances.
The businessman had been arrested on allegations of illegal mineral trading. His family claimed he was tortured to death, prompting an internal investigation that later led to the arrest of seven officers.
The incident raised serious questions about police accountability and the treatment of detainees.
Civil society organisations and human rights defenders called for justice, terming the case emblematic of broader issues of impunity within the country’s security apparatus.
Court acquits five officers
While Kalanje and Onyango were found guilty and sentenced, the court acquitted the remaining five officers who had also been charged with the murder. The court ruled that there was insufficient evidence directly linking them to the crime.
Those acquitted include: ASP Nicholaus Kisinza, former Head of the Regional Intelligence Unit, Inspector of Police John Mganga, Head of the Mtwara Police Dispensary, Assistant Inspector of Police Marco Mbuta, Assistant Inspector of Police Shirazi Mkupa, Corporal Salimu Mbalu.
Judge Mwanga noted that although the acquitted officers were present at the police station during the incident, the prosecution failed to demonstrate their individual roles or participation in the fatal assault on the deceased.
Legal analysts have praised the ruling as a rare but necessary application of accountability within the police force.
Broader implications
The sentencing comes at a time when the Tanzanian government has been under increasing pressure to reform the police force.
Several recent reports have documented cases of excessive use of force, custodial deaths, and limited access to justice for victims. In 2023, the Police Force announced a national strategy to improve professionalism and community trust, including revised protocols for handling detainees. However, critics argue that without swift prosecution and accountability, such reforms remain cosmetic.
