Wakilii

Uganda v Hagumimana Hebert and Others (Criminal Session Case No. 157 of 2024)

High Court · [2026] UGHC 427 · 2026 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for murder, ruling on no case to answer at close of prosecution case
Decision
All four accused persons acquitted and 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 High Court acquitted four accused persons charged with murder on a no case to answer ruling. The prosecution failed to establish a prima facie case linking the accused to the commission of the offence. Although evidence showed death occurred unlawfully with malice aforethought, all prosecution witnesses gave hearsay evidence and none saw who caused the death. The court held it had insufficient evidence to convict if the accused remained silent.

Outcome

All four accused persons acquitted and set free unless held on other lawful charges

Facts

On 7 March 2023 at Rwenguju village in Kyankwanzi District, Tenywa Alex died. Four accused persons were indicted for murder with malice aforethought. The prosecution called three witnesses. PW1, a detective corporal, visited the scene and saw a body in a pool of blood near a junction to Omuto's home. He recovered a stick and a pair of trousers with suspected blood stains from Omuto's bathing shelter. The exhibits were sent for scientific analysis but results were not secured. PW2, a village chairman, assisted in arresting one suspect but knew nothing about the murder. PW3, a detective sergeant, also visited the scene and referred to the recovered trousers. None of the prosecution witnesses saw who caused the death.

Issues

  1. Whether the prosecution established a prima facie case against the accused persons on the charge of murder at the close of the prosecution case.

Orders

  • Accused persons found not guilty.
  • Accused persons acquitted on a no case to answer.
  • Accused persons set free unless held on other lawful charges.

Rules and key headnotes

Criminal Law & Procedure — No Case to Answer — Test for Prima Facie Case
At the close of the prosecution case under section 73 of the Trial on Indictment Act, a prima facie case is established where a reasonable tribunal properly directing its mind to the law and evidence would convict the accused if no explanation is offered by the defence, but a prima facie case does not mean proof beyond reasonable doubt.
Evidence — Hearsay — Inadmissibility in Criminal Trials
Hearsay evidence from witnesses who did not see who caused the death is inadmissible and cannot be relied upon to establish a prima facie case linking accused persons to the commission of murder.
Criminal Law & Procedure — Murder — Ingredients — Participation in the Crime
Where the prosecution establishes that death occurred unlawfully with malice aforethought but fails to adduce evidence linking the accused persons to the commission of the crime, the court must acquit on a no case to answer.

Legislation cited (5)

Cases cited (2)

  • Wabiro alias Musa v R (1960) EA 184
  • Ramanlal T Bhatt v R [1957] EA 322

Full judgment

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

Uganda v Hagumimana Hebert and Others (Criminal Session Case No. 157 of 2024) [2026] UGHC 427 (29 April 2026)
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.