Uganda v Akello (Criminal Session 681 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Court acquitted the accused on all 14 counts of aggravated trafficking in persons. The prosecution failed to prove that the accused harbored the children by means of deception or abuse of power, as consent was obtained from parents/guardians and the accused operated a licensed children's home. The prosecution also failed to prove exploitation, as the accused's disciplinary actions toward the children were found to be parental in nature and not calculated to cause cruel or harmful treatment.
Outcome
Accused acquitted and discharged on all counts.
Facts
The accused operated Shalom Akenna Fellowship Children's Home in Wakiso District. Between 2016 and 2022, she received and harbored 14 juveniles aged 10 to 16 years at the home. The prosecution alleged she harbored them by means of deception, abuse of power, or position of vulnerability for purposes of financial gain and child abuse. Evidence showed the accused held a certificate of registration to operate the children's home. Consent forms from parents or guardians were obtained before the children were placed at the home. Some children testified they were beaten for disciplinary reasons and made to fetch water during the dry season. The accused explained she treated the children as a parent would, disciplining them when necessary. Prosecution witnesses confirmed the accused was loving and caring.
Issues
- Whether the accused harbored the children by means of deception or abuse of power or position of vulnerability.
- Whether the accused's conduct constituted exploitation of the children for purposes of financial gain and child abuse.
- Whether the prosecution proved all essential ingredients of aggravated trafficking in persons beyond reasonable doubt.
Orders
- Accused acquitted on all 14 counts of aggravated trafficking in persons.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.