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Uganda v Bbaale Paul alias Kirembeka and Another (Criminal Session Case 364 of 2022)

High Court · [2025] UGHC 1001 · 2025 Conviction Entered (Murder); Acquittal (Trafficking) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial arising from committal proceedings
Decision
A1 and A3 convicted of murder and sentenced; acquitted of aggravated trafficking in persons

Observed later treatment

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Holding

Held that A1 Bbaale Paul and A3 Nimusiima Enid were guilty of murder. The court found that the testimony of the seven-year-old eyewitness PW2 was credible and compelling, identifying both accused as participants in the killing. The court rejected the defence evidence as a fabricated attempt to mislead the court and found that the accused conspired to have A2 Kayaga Mark take sole responsibility. The accused were acquitted of aggravated trafficking in persons as the prosecution failed to prove the act element of recruiting, transporting, transferring, harbouring or receiving the victim.

Outcome

A1 and A3 convicted of murder and sentenced; acquitted of aggravated trafficking in persons

Facts

On 13 November 2021 at Ntantamuki village, Rakai district, Ssemyalo Charles Junior, a child, was killed. Three accused persons were charged with murder and aggravated trafficking in persons. At plea taking, A2 Kayaga Mark confessed to the murder and claimed his co-accused had no involvement. He was convicted and the trial proceeded against A1 Bbaale Paul and A3 Nimusiima Enid. PW1 Semira Charles, the father of the deceased, testified that A3 Nimusiima was once his wife and the mother of the deceased. PW2 Namyalo Prossy, a seven-year-old child, testified that she witnessed A1 and A3 kill her brother. She stated that A3 Nimusiima hit the deceased with a steel object on the head while A1 Bbaale watched. The postmortem report confirmed death was caused by a blunt object. The defence claimed A1 did not know A3 and that only A2 committed the crime, but the court found this evidence fabricated and inconsistent.

Issues

  1. Whether the accused persons unlawfully caused the death of Ssemyalo Charles Junior with malice aforethought.
  2. Whether the accused persons participated in the murder of the deceased.
  3. Whether the prosecution proved the elements of aggravated trafficking in persons beyond reasonable doubt.

Orders

  • A1 Bbaale Paul alias Kirembeka convicted of murder contrary to sections 171 and 172 of the Penal Code Act Cap 120.
  • A3 Nimusiima Enid convicted of murder contrary to sections 171 and 172 of the Penal Code Act Cap 120.
  • A1 Bbaale Paul alias Kirembeka acquitted of aggravated trafficking in persons contrary to sections 2, 3(a) and 4 of the Prevention of Trafficking in Persons Act Cap 131.
  • A3 Nimusiima Enid acquitted of aggravated trafficking in persons contrary to sections 2, 3(a) and 4 of the Prevention of Trafficking in Persons Act Cap 131.
  • Accused persons to be released only after serving their sentence in respect of the murder conviction.

Rules and key headnotes

Evidence — Child Witnesses — Competence and Credibility — Voire Dire
A child witness may give sworn evidence after a voire dire establishes that the witness understands the significance of telling the truth and taking an oath. Where a child witness demonstrates sufficient knowledge and gives clear, consistent testimony, the court may rely on that evidence to convict.
Criminal Law — Murder — Participation — Eyewitness Testimony
An eyewitness account that identifies accused persons as participants in a murder and describes their respective roles is sufficient to establish participation, particularly where the witness has no motive to lie and the testimony is corroborated by other evidence.
Criminal Law — Conspiracy — Fabricated Defence — Credibility
Where defence witnesses give contradictory accounts and their evidence is internally inconsistent, the court may find that the defence was fabricated to mislead the court and may draw an adverse inference against the accused.
Criminal Law — Aggravated Trafficking in Persons — Elements of the Offence
To prove aggravated trafficking in children under sections 2, 3(a) and 4 of the Prevention of Trafficking in Persons Act, the prosecution must establish five elements: the act of recruiting, transporting, transferring, harbouring or receiving the victim; the means of deception or abuse of power or position of vulnerability; the purpose of exploitation; the aggravating factor that the victim is a child; and the participation of the accused. Failure to prove the act element results in acquittal.

Legislation cited (5)

Cases cited (1)

  • Umutoni v Uganda (Criminal Appeal No. 855 of 2014)

Full judgment

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

Uganda v Bbaale Paul alias Kirembeka and Another (Criminal Session Case 364 of 2022) [2025] UGHC 1001 (12 September 2025)
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.