Wakilii

Uganda v Byakatonda Martin and Others (Criminal Session Case 253 of 2021)

High Court · [2025] UGHC 999 · 2025 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder before the High Court
Decision
Accused persons convicted of murder

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted Byakatonda Yoram and Mawanda Balikuddembe of murder. The court found that the deceased died from manual strangulation as evidenced by the post-mortem report. The prosecution proved malice aforethought and participation through the testimony of a co-accused who had pleaded guilty and witnessed the killing. The court accepted the co-accused's evidence as credible, finding he had no motive to lie and had exposed himself to equal or greater risk by testifying.

Outcome

Accused persons convicted of murder

Facts

On 5 May 2021 at Buligi village, Kyalulangira sub-county in Rakai district, the deceased Naluwugge Kirabo was killed. According to the co-accused Martin (A1), Byakatonda Yoram (A2) had earlier attempted to rape the deceased and the matter was reported to police. When the deceased went to demand payment, A2 and A3 (Mawanda Balikuddembe) instructed Martin to lure the deceased's husband away from the garden. After the husband left, Martin returned to find A2 holding the deceased's neck while A3 punched her. They then carried her body and threw it into water. Martin was threatened not to speak but was arrested by police before reaching the station. Post-mortem examination revealed the cause of death as manual strangulation with evidence of atlas cervical vertebrate injury, mobile neck, and abrasions.

Issues

  1. Whether the death of Naluwugge Kirabo occurred unlawfully.
  2. Whether the death was caused with malice aforethought.
  3. Whether the accused persons A2 (Byakatonda Yoram) and A3 (Mawanda Balikuddembe) participated in causing the death of the deceased.

Orders

  • Accused persons A2 (Byakatonda Yoram) and A3 (Mawanda Balikuddembe) convicted of murder contrary to sections 171 and 172 of the Penal Code Act, Cap 128.

Rules and key headnotes

Evidence — Accomplice Evidence — Credibility — Co-accused Who Has Pleaded Guilty
The testimony of a co-accused who has already pleaded guilty and is serving a sentence is credible where the witness has no grudge against the accused and no motivation to lie, particularly where by testifying the co-accused exposes himself to the same or greater risk than the accused he implicates.
Criminal Law & Procedure — Murder — Ingredients — Proof Beyond Reasonable Doubt
To prove murder, the prosecution must establish beyond reasonable doubt that death occurred unlawfully, that it was caused intentionally with malice aforethought or the perpetrator did not care if death resulted from his actions, and that the accused participated in causing the death.
Evidence — Medical Evidence — Post-Mortem Report — Proof of Cause of Death
A post-mortem report showing atlas cervical vertebrate injury, mobile neck, and abrasions with cause of death determined as manual strangulation is sufficient to prove that death occurred unlawfully.

Legislation cited (2)

Cases cited (1)

  • Walusimbi and 3 Others v Uganda (Supreme Court Criminal Appeal No. 28 of 1992)

Full judgment

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

Uganda v Byakatonda Martin and Others (Criminal Session Case 253 of 2021) [2025] UGHC 999 (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.