Wakilii

Uganda v Kibirango Hassan (Criminal Session No. 19 of 2025)

High Court · [2025] UGHC 1335 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial at first instance — ruling on prima facie case after close of prosecution case
Decision
Accused acquitted on Count 2; put on defence on Count 1

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the prosecution established a prima facie case on Count 1 (aggravated defilement) where the victim was below 14 years, the accused was HIV positive, the victim gave consistent testimony of penetration, and the victim knew the accused as a tenant. The accused was put on his defence. On Count 2 (aggravated trafficking in children), no prima facie case was established as there was no evidence of recruitment, transportation, harbouring or receiving for sexual exploitation. The accused was acquitted on Count 2.

Outcome

Accused acquitted on Count 2; put on defence on Count 1

Facts

The accused, Kibirango Hassan, was a tenant at the victim's family home in Bwerenga Central Zone, Wakiso District. On 12 October 2020, the victim (NE), then aged 7 years, was playing outside when the accused called her into his house and allegedly defiled her. The victim testified that the accused put his penis in her vagina causing pain. The following day, the victim's sister (PW2) discovered blood in the victim's underwear while checking who had used the bathroom. Upon questioning, the victim disclosed the incident. The victim's mother (PW3) took the victim to hospital where she was examined and found to be bleeding. Medical examination revealed the victim's hymen was intact but she had urethral inflammation diagnosed as urethral caruncle. The accused was HIV positive. The accused was charged with aggravated defilement and aggravated trafficking in children.

Issues

  1. Whether the prosecution witnesses have established a prima facie case against the accused person on Count 1 (aggravated defilement).
  2. Whether the prosecution witnesses have established a prima facie case against the accused person on Count 2 (aggravated trafficking in children).

Orders

  • Prima facie case established on Count 1 (aggravated defilement).
  • Accused person put on his defence on Count 1.
  • Accused person acquitted on Count 2 (aggravated trafficking in children contrary to Section 2(1)(b) and 4(a) of the Prevention of Trafficking in Persons Act Cap 131).

Rules and key headnotes

Criminal Law & Procedure — Aggravated Defilement — Prima Facie Case — Essential Ingredients
For a prima facie case of aggravated defilement to be established, the prosecution must prove that the victim was below 14 years or the accused was HIV positive, that a sexual act was performed on the victim, and that the accused participated in the commission of the offence.
Evidence — Prima Facie Case — Standard of Proof at Close of Prosecution Case
A prima facie case is established when the evidence adduced is such that a reasonable tribunal, properly directing its mind on the law and evidence, would convict the accused if no evidence or explanation was set up by the defence. At this stage, the prosecution is not required to have proved the case beyond reasonable doubt.
Evidence — Identification — Single Witness Identification — Prior Knowledge of Accused
The evidence of a single witness regarding identification must be tested with the greatest care, especially where conditions favouring correct identification were difficult. However, identification is satisfactory when made after a long period of observation or in satisfactory conditions by a person who knew the accused well before the incident.
Criminal Law & Procedure — Aggravated Trafficking in Children — Essential Ingredients — Proof of Recruitment, Transportation or Harbouring
For the offence of aggravated trafficking in children, the prosecution must prove that there was recruiting, transporting, transferring, harbouring or receiving of the victim by means of force or coercion for the purpose of exploitation. Where there is no evidence that the victim was recruited, transported, harboured or received for sexual exploitation, no prima facie case is established.

Legislation cited (12)

Cases cited (7)

  • Uganda v Adinan Faham (Criminal Session No. 0163 of 2020)
  • Woolmington v DPP [1935] AC 462
  • Miller v Minister of Pensions [1947] All ER 372
  • Uganda v Obur Ronald & 3 Others (Criminal Appeal No. 007 of 2019)
  • Adamu Mubiru v Uganda (Criminal Appeal No. 47 of 1997)
  • Abdallah Bin Wendo & Another v R (1953) 20 EACA 166
  • Abdulla Nabulere & Others v Uganda [1978] UGSC 5

Full judgment

↓ Download PDF

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

Uganda v Kibirango Hassan (Criminal Session No. 19 of 2025) [2025] UGHC 1335 (25 November 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.