Uganda v Kalyango Edmond Bazalaki (Criminal Session Case 62 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The accused was acquitted of murder. The prosecution relied on circumstantial evidence — that the accused did not visit the deceased's home immediately after the attack, was allegedly seen by a witness moving away from the scene, and did not visit the deceased in hospital. The court found this evidence too weak to sustain an inference of guilt. The accused's alibi that he was in Kayunga Bugerere at the time of the attack was supported by defence witnesses and not credibly rebutted. The state failed to prove the case beyond reasonable doubt.

Outcome

Accused acquitted and released from custody

Facts

On 22 May 2019, Kasule Colonel was attacked at his home in Nkozi village, Kapeeke sub-county, Nakaseke district. He sustained injuries and was taken to Nakaseke hospital and later referred to Mulago hospital where he died. The accused, Kalyango Edmond Bazalaki, was the maternal uncle of the deceased. The prosecution case rested on circumstantial evidence: the accused did not attend the scene immediately after the attack despite living approximately 300 meters away; he did not visit the deceased in hospital; and he only appeared at the burial. One witness, Balita Moses, claimed to have seen the accused moving away from the scene on the night of the attack. The accused testified that he was in Kayunga Bugerere attending to his ailing brother Eneriko on the night of the attack. Defence witnesses corroborated this alibi.

Issues

1. Whether the death of Kasule Colonel was unlawful.
2. Whether the accused person Kalyango Edmond Bazalaki caused the death of the deceased.
3. Whether the accused person caused the death with malice aforethought.
4. Whether the circumstantial evidence adduced by the prosecution was sufficient to prove the accused's participation in the murder.
5. Whether the alibi raised by the accused that he was in Bugerere at the time of the attack was credible.

Orders

• The accused is acquitted of the offence of murder.
• The accused is released from custody unless lawfully held in connection with some other charge.

Rules and key headnotes

Legislation cited (2)

• Penal Code Act Cap. 120 s.188
• Penal Code Act Cap. 120 s.189

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