The Court of Appeal has upheld the conviction and 25-year prison sentence of Maonja Charo Ngowa.
Ngowa was found guilty of brutally murdering his one-year-old daughter, Mitchell Nafula, in a horrifying incident that occurred in Mulungu wa Mawe on June 15, 2017.
In a judgment delivered on June 20, 2025, a three-judge bench comprising Justices Agnes Murgor, Dr Kibaya Imaana Laibuta, and Ngenye-Macharia dismissed Ngowa’s appeal.
They ruled that the trial court was right in finding that he acted with malice aforethought when he inflicted fatal injuries on the child while allegedly teaching her to walk.
The toddler died three days after the vicious beating, having suffered a fractured neck and internal bleeding, according to the post-mortem report produced in court.
Witnesses tell of vicious beating
The court heard harrowing testimonies from witnesses who saw the incident unfold.
Amina Jaroyea, the stepmother to the deceased, recalled the tragic events of that day.
She said the appellant, who was the baby’s biological father, beat the child with a stick on her buttocks after she failed to walk during a training session.
“I saw the appellant assaulting the deceased who was his daughter aged one year one month old with a stick on her buttocks,” said Jaroyea.
“She was taken to hospital to undergo medical examination and treatment. However, she died while undergoing treatment three days after being beaten.”
During cross-examination, she explained that Ngowa was trying to teach his daughter how to walk and would beat her when she couldn’t.
Her testimony was echoed by an 11-year-old girl, a sibling to the deceased, who described the beating in disturbing detail.
“I heard the deceased crying. When I went to the scene, I found the appellant beating her with a cane and a small stick on her buttocks and pelvic region,” she said.
“He was beating her because he was teaching her to walk, and she had refused to walk.”
The girl added that the baby became unconscious after the beating.
“The appellant took a basin of water, washed the deceased and applied ashes on her,” she recalled.
Later, their mother arrived and took the injured baby to the house.
The child had visible injuries, particularly on her eye.
The horror did not end there. A 12-year-old cousin to the deceased witnessed the savage attack.
“I saw the appellant beating the deceased on the head, buttocks and back with a stick,” he said.
“He also pulled her ears until she became unconscious.”
He added that after the assault, Ngowa washed the child and took her to bed.
“When she regained consciousness, she was unable to walk,” he said.
The child was later taken to hospital but succumbed to her injuries.
Police investigation and medical findings
Senior Sergeant Martin Wanjala led the police investigation.
He testified that the murder weapon, a big and a small stick, was recovered from the appellant’s home and positively identified by witnesses.
The weapons were presented in court as exhibits.
“The postmortem report showed that the deceased sustained a fracture of the 1st vertebrae (neck) and intracranial bleeding, which was the cause of her death,” said Sergeant Wanjala.
He confirmed that the child’s injuries were consistent with a severe beating and supported the testimonies provided by the witnesses.
Ngowa denies intent to harm
When placed on his defence, Ngowa dismissed the testimonies as lies.
He admitted that he had been trying to teach his daughter how to walk but claimed she fell and injured herself.
“She cried as she tried to walk. She later fell and continued crying,” he said.
“When her mother came and noticed the injuries, she was taken into the house. The next day, we applied 'Kaluma' ointment on the injury, but her condition worsened and she later died.”
Ngowa maintained that the death was accidental and denied that he intended to cause any harm.
He said the beating was meant as discipline during the walking lesson, and that the situation spiralled out of control.
Court dismisses appeal
Ngowa appealed the conviction, arguing that the trial court erred in finding him guilty of murder without proving malice aforethought.
His lawyer argued that the incident was a tragic accident and that he had no intention of killing or seriously injuring the child.
“It is not every circumstance surrounding the death of the deceased from injuries inflicted that would result in an automatic inference of malice aforethought,” the appellant’s counsel submitted.
“Malice aforethought in this case was not established.”
However, the prosecution insisted that the sustained and brutal nature of the assault on a toddler clearly demonstrated malice.
“The deceased was severely beaten by the appellant using sticks despite the child being of the tender age of about 1 year and 1 month,” said State Counsel Anyumba.
“As a result of the assault, she suffered injuries to her pelvic region, eye, hands and legs, all of which demonstrated malice aforethought.”
The appellate judges agreed. “The prosecution witnesses saw the appellant beating the deceased until she fell unconscious and eventually passed on from the injuries sustained,” they said.
“How the appellant inflicted the injuries and the location of the injuries on the deceased's body, head, back and buttocks, were sufficient to establish malice aforethought.”
They further noted the lack of urgency in seeking medical help, stating that it underscored the accused’s indifference.
Post-mortem confirms fatal injuries
The post-mortem report proved crucial in the court’s final decision.
The report confirmed that the baby had suffered a skull protrusion, bleeding in the occipital region of the skull, and a fractured vertebra.
According to the judges, “It was the violent and sustained assault by the appellant on his daughter, a child of tender years, that led to her death.”
Sentence upheld
Ngowa also challenged the 25-year sentence, claiming that the trial judge did not consider his mitigation.
He argued that he had lost a child, was later divorced by his wife, and had already spent time in remand.
But the court found no fault in the trial judge’s reasoning.
“Given the background and the precise factors which influence the sentencing discretion, I am minded to look at the nature and gravity of the crime, the manner in which it was committed, the age of the victim and breach of trust by the convict as the caregiver and protector,” the trial judge had ruled.
The appellate court concurred, stating: “The child’s only fault was that she could not walk when the appellant demanded that she begin to walk.”
They added, “Although the appellant faulted the judge for failing to consider his mitigation, the judgment shows that his mitigation and other material factors were taken into account.”
Final judgment
In their final ruling, the judges said: “We do not find that the learned judge failed to take into account relevant factors or acted on wrong principles. The sentence was not harsh or excessive.”
The appeal was dismissed in full. Ngowa will continue serving his 25-year prison sentence, which started on July 7, 2017.
