Wakilii

Al Masiki Sosan and Others v Uganda (criminal session case 59 OF 2001)

High Court · [2002] UGHC 141 · 2002 Conviction Upheld (Two Accused); Acquittal (One Accused) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
Two accused convicted of murder and sentenced to death; one accused acquitted and discharged

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Holding

The High Court convicted Al Masiki Sosan (first accused) and Nume Charles (third accused) of murder and sentenced them to death. The prosecution proved beyond reasonable doubt that Vincent Kasage was murdered with malice aforethought on 29 March 1999. The first accused had made threats to kill the deceased and shared a common intention with the third accused to execute the killing. The third accused was found with a blood-stained T-shirt matching the deceased's blood group. The second accused, Wagwenda Robert, was acquitted for lack of evidence connecting him to the offence.

Outcome

Two accused convicted of murder and sentenced to death; one accused acquitted and discharged

Facts

The deceased, Vincent Kasage, was killed in the night of 29 March 1999 at Kananage village, Kamuli District. Al Masiki Sosan (first accused) and the deceased were brothers. Following the deaths of the first accused's wife and son in succession, the first accused attributed their deaths to the deceased and made threats in February 1999 to kill him. The first accused enlisted the services of Nume Charles (third accused) and others still at large to kill the deceased. The deceased's body was found on 30 March 1999 with deep cut wounds on the head, bruises on the neck, and a fractured cervical spine. Several days later, the third accused was arrested with a blood-stained T-shirt. The Government Chemist confirmed the blood was human and matched the deceased's blood group. The second accused, Wagwenda Robert, was the son of the first accused but no evidence connected him to the offence beyond the third accused's retracted confession.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that Vincent Kasage was murdered.
  2. Whether the accused persons directly or indirectly participated in the killing of Vincent Kasage.
  3. Whether the evidence connecting the accused persons to the murder was sufficient to sustain conviction.
  4. Whether circumstantial evidence in the form of a blood-stained T-shirt and prior threats pointed to the accused persons' guilt.

Orders

  • Al Masiki Sosan found guilty of murder contrary to sections 183 and 184 of the Penal Code Act and convicted.
  • Nume Charles found guilty of murder contrary to sections 183 and 184 of the Penal Code Act and convicted.
  • Wagwenda Robert found not guilty and acquitted.
  • Wagwenda Robert ordered discharged from custody unless further incarceration can be justified on other lawful grounds.
  • Al Masiki Sosan sentenced to suffer death in the manner authorised by law.
  • Nume Charles sentenced to suffer death in the manner authorised by law.
  • Right of appeal explained to the convicted persons.

Rules and key headnotes

Murder — Elements — Proof of unlawful killing with malice aforethought
To secure a conviction for murder, the prosecution must prove beyond reasonable doubt that a human being was killed, the death was unlawfully caused, the killing was with malice aforethought, and the accused directly or indirectly participated in the killing.
Homicide — Presumption of unlawful killing — Standard of proof
In all cases of homicide, death is presumed to have been unlawfully caused unless there is evidence that it was accidental or authorised by law.
Malice Aforethought — Determination — Factors to consider
In deciding whether malice aforethought has been established, the court takes into account such factors as the nature of the weapon used, the number of injuries inflicted, the part of the body where injury was inflicted, and the conduct of the killer before and after the death.
Prior Threats — Admissibility — Probative value
Evidence of a prior threat or announced intention to kill is always admissible against a person accused of murder, though its probative value varies greatly depending on the manner in which the threat was uttered, the reason for the threat, and the length of time between the threat and the killing.
Circumstantial Evidence — Standard for conviction — Test of sufficiency
Where the prosecution case is based on circumstantial evidence, the court will not proceed to convict unless the evidence is of such a nature that it points to nothing else but the accused's guilt and has not been weakened or destroyed by some other co-existing factors.
Common Intention — Joint liability — Doctrine of common intention
If violence is used to execute a common intention and death results, then all participants are guilty of murder under sections 21 and 22 of the Penal Code Act, even if they did not personally inflict the fatal injuries.
Inconsistencies in Witness Testimony — Effect on credibility — Treatment by court
Grave inconsistencies in witness testimony will usually but not necessarily result in the evidence being rejected unless satisfactorily explained or reconciled, whereas minor inconsistencies that do not go to the root of the case can be ignored.

Legislation cited (6)

Cases cited (5)

  • R v Israili Epuku s/o Achietu (1934) 1 EACA 166
  • Gusapi Bizi s/o Wesonga v R (1948) 15 EACA 65
  • R v Tubere s/o Ochen (1945) 12 EACA 63
  • Waihi & Another v Uganda [1968] EA 278
  • Simon Musoke v R [1958] EA 715

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Al Masiki Sosan and Others v Uganda (criminal session case 59 OF 2001) [2002] UGHC 141 (21 February 2002)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.