R. v. Joseph Kusekwa, Crim. Sass. 213-M-69, 8/12/69, Kimicha J.

R. v. Joseph Kusekwa, Crim. Sass. 213-M-69, 8/12/69, Kimicha J.

The accused was convicted on his own plea of written threats to murder c/s 214, Penal Code. The accused, who is an 18 year old boy, wrote a letter to President Nyerere abusing the government and TANU and stating “We shall shoot you just like John Kennedy or Lumumba”. He did not sign his own name but that of his father. His intention apparently was to get into trouble his father, with whom his relationship was sad and unhappy. The sentence is reproduced below.

            Held: “This is a very delicate offence on which to assess sentence …. Because the security of the State is involved. The accused pleaded guilty to the charge but he has pleaded in mitigation that he actually intended to put his father into trouble because he mistreated him and his mother. If his plea in mitigation is taken on its face value then his act could be regarded as a silly act committed by an extremely foolish young man. If this view is adopted a suspended sentence or probation would meet the situation. On the other hand there is the unpleasant fact that Presidents and big political leaders lose their lives in the hands o simple and insignificant assassins for equally insignificant and trivial reasons ….. In this case the accused is a young man who is only 18 years old. He threatened to kill the President because of his Arusha Declaration. But the Arusha Declaration is all in his favour and he has nothing to lose by it. But there is the possibility that his is a genuine grievance to him. Then because of his youth it could be considered that it would in any case be impossible for him to accomplish his threat and adopt a lenient view of his offence. But there is also the risk that if this view is adopted it could be a challenge to him to prove that he is capable of accomplishing his threat. As I have explained above Presidents and big political leaders are assassinated by persons whose motives for their actions cannot be rationalized. With this view in mind and for the sake of the security of the State the Court is not going to risk undesirable chances and is of the view that the accused should be put away for some time at a place where it would be impossible for him to accomplish his threat. He is however advised to seek the exercise of the President’s prerogative of mercy if he thinks his sentence to severe. The accused is sentenced to three year imprisonment.”