Kamoga and 2 Others v Uganda (Criminal Appeal No. 328 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal allowed the appeal against conviction for murder. The court found the dying declarations relayed by PW5 and PW6 to be gravely contradictory, having been made at different times and locations and naming different attackers, and discounted them. The court further held that the identifying eyewitness (PW11) was a stranger to the appellants, observed the attack from a distance, and was not subjected to an identification parade, rendering his dock identification unreliable. With no cogent evidence connecting the appellants to the murder, the conviction was held unsafe and set aside. The appellants were acquitted and set at liberty.
Outcome
Appellants acquitted and set at liberty unless held on other lawful charges
Facts
On 2 March 2013 at Kapeeka trading centre, Lugumira Fred was attacked with machetes, inflicting grievous bodily harm from which he died. The prosecution case rested on a dying declaration and eyewitness identification. PW5, the deceased's son, testified that his father said in the vehicle to hospital that "Kiwumulo my son has killed me for no reason" and that he was with Musisi and Ronald. PW6, a CID officer who reached the scene earlier, testified the deceased said at the scene "my son Ronald has killed me, Sseguya has killed me" and that the killing was over a plot of land. PW11, a mason working about 40 feet away, claimed to have seen three men attack and run, identifying them in court by their clothing. PW11 had never met the appellants before, and no identification parade was held. The appellants were arrested several days after the incident, convicted of murder, and each sentenced to 20 years' imprisonment.
Issues
- Whether the trial judge properly evaluated the evidence, particularly a contradictory and uncorroborated dying declaration, before convicting the appellants.
- Whether the sentence of 20 years' imprisonment was harsh and excessive in the circumstances.
Orders
- Conviction for murder set aside.
- Sentence of 20 years' imprisonment set aside.
- Appellants acquitted and set at liberty unless held on other lawful charges.
Rules and key headnotes
Legislation cited (4)
- Penal Code Act s.188
- Penal Code Act s.189
- Evidence Act s.30(a)
- Judicature (Court of Appeal Rules) Directions r.30(1)
Cases cited (2)
- Uganda v George Wilson Simbwa (Criminal Appeal No. 37 of 2005)
- Stephen Mugume v Uganda (Criminal Appeal No. 20 of 1995)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.