Wakilii

Uganda v Byenkya and Another (Criminal Session 655 of 2019)

High Court · [2023] UGHCCRD 13 · 2023 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
Accused acquitted and to be set free unless held on other lawful charges

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found that the prosecution proved death, unlawful act, and malice aforethought. However, the prosecution failed to prove the accused's participation in the murder beyond reasonable doubt. The evidence relied on hearsay information from witnesses who were not produced in court. Oral evidence under Evidence Act s.59 must be direct. The accused was acquitted because the prosecution did not place her at the crime scene as the perpetrator of the offence.

Outcome

Accused acquitted and to be set free unless held on other lawful charges

Facts

On 23 January 2019 at Katwe Muwanga Zone, Makindye Division, Kampala, Bugembe Twaha alias Aziz died after being found lying in a trench with blood all over his face. PW1 found the deceased in this condition and the deceased died shortly after being picked up by police. The investigating officer PW2 visited the crime scene and a bar where it was alleged the accused persons had fought with the deceased. PW2 obtained information from two witnesses (not produced in court) that on the night of 23 January 2019 the deceased had been involved in a bar brawl with the accused persons. No witness testified to having seen the accused participate in the killing. The 2nd accused Nakyanzi Vanessa chose to remain silent at trial.

Issues

  1. Whether the death of Bugembe Twaha alias Aziz occurred.
  2. Whether the death was caused by an unlawful act.
  3. Whether the unlawful act was accompanied by malice aforethought.
  4. Whether the prosecution proved that the accused Nakyanzi Vanessa participated in causing the death.

Orders

  • A2 (Nakyanzi Vanessa) is acquitted of the offence of murder.
  • A2 should be set free unless being held on other lawful charges.

Rules and key headnotes

Evidence — Oral Evidence — Direct Evidence — Requirement under Evidence Act s.59
Oral evidence must in all cases be direct, meaning that if it refers to a fact which could be seen, it must be the evidence of a witness who says he or she saw it.
Criminal Law & Procedure — Murder — Proof of Participation — Standard of Proof
The prosecution must adduce evidence, direct or circumstantial, placing the accused person at the crime scene not as a mere spectator but as the perpetrator of the offence, and must prove participation beyond reasonable doubt.
Criminal Law & Procedure — Burden of Proof — Standard in Criminal Cases
In criminal cases the prosecution bears the burden to prove the offence against the accused beyond reasonable doubt. This burden does not shift to the accused to prove himself innocent. If there is any doubt in the prosecution case, the accused is entitled to an acquittal.
Criminal Law & Procedure — Right to Silence — Adverse Inference — Limitations
Although an adverse inference can be drawn when an accused fails to challenge the prosecution evidence in cross-examination, a conviction cannot be based on inference alone drawn from silence. There must be other evidence because inference is weak evidence and must be backed by other types of evidence if a person is to be convicted.

Legislation cited (4)

Cases cited (2)

  • Ssekitoleko v Uganda [1967] EA 531
  • James Sawoabiri and Another v Uganda (Criminal Appeal No. 5 of 1990)

Full judgment

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

Uganda v Byenkya and Another (Criminal Session 655 of 2019) [2023] UGHCCRD 13 (25 January 2023)
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.