Wakilii

Uganda v Kisule aka Kisakya and 2 Others (HCT-00-CR-SC 458 of 2019)

High Court · [2022] UGHCCRD 149 · 2022 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial — prosecution for murder and aggravated robbery
Decision
All three accused persons convicted of murder and aggravated robbery

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted all three accused persons of murder and aggravated robbery. The prosecution proved death, unlawful killing, and malice aforethought through post-mortem evidence showing multiple stab wounds and blunt force trauma. Two eyewitnesses identified the accused persons under adequate lighting. Forensic soil analysis matched samples from the crime scene to the accused persons' shoes and clothing. The court found the identification evidence of good quality, corroborated by scientific evidence and the accused persons' conduct after arrest. All three accused persons' alibis were rejected and they were convicted on both counts.

Outcome

All three accused persons convicted of murder and aggravated robbery

Facts

On 24 October 2019 at approximately 3:00 am, three men broke into the home of Archie Rwego and his wife Dorah Aciro Rwego at Mukutugumu village in Kira Municipality, Wakiso district. The intruders stabbed and bludgeoned Archie Rwego repeatedly with sharp implements, causing multiple stab wounds and blunt force trauma to the head. When Dorah pleaded with them to stop, one man demanded money. She handed over her handbag containing 300,000 shillings and ATM cards. The maid, Achan Dorcus, witnessed the attack and identified all three intruders. The attackers fled with a television set and the money, climbing over the perimeter wall. One attacker was bitten by a guard dog as they escaped. Archie Rwego was rushed to hospital but declared dead on arrival. The first accused, Kisuule Johnson, was found injured at a clinic and arrested. The second accused, Luyombo Abdu, was arrested in Mayuge district where he was hiding. The third accused, Wasswa Moses, was arrested from his home. Soil samples from the accused persons' shoes matched soil from the crime scene exit point.

Issues

  1. Whether Archie Rwego died and his death was unlawful.
  2. Whether the death was caused with malice aforethought.
  3. Whether the accused persons participated in the murder of Archie Rwego.
  4. Whether there was theft, violence, and use of a deadly weapon in the commission of aggravated robbery.
  5. Whether the accused persons participated in the commission of aggravated robbery.

Orders

  • Kisule Johnson a.k.a Kisakye Mohammed Johny found guilty on the charge of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Kisule Johnson a.k.a Kisakye Mohammed Johny found guilty on the charge of aggravated robbery contrary to sections 285 and 286 of the Penal Code Act.
  • Luyombo Abdu found guilty on the charge of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Luyombo Abdu found guilty on the charge of aggravated robbery contrary to sections 285 and 286 of the Penal Code Act.
  • Wasswa Moses a.k.a Papa found guilty on the charge of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Wasswa Moses a.k.a Papa found guilty on the charge of aggravated robbery contrary to sections 285 and 286 of the Penal Code Act.
  • All three accused persons convicted on both counts.

Rules and key headnotes

Murder — Proof of Malice Aforethought — Inference from Circumstances
Malice aforethought can be inferred from the type of weapon used, the nature of injuries inflicted, the part of the body affected, and the conduct of the perpetrator before and after the attack, where multiple stab wounds to vulnerable areas and blunt force trauma causing skull fracture demonstrate an intention to cause death.
Murder — Unlawful Homicide — Presumption
Every homicide is deemed to be unlawful unless the evidence shows that it was lawful, accidental, or committed in excusable circumstances.
Identification Evidence — Quality Assessment — Difficult Circumstances
Where identification is made in difficult conditions such as at night, a court must examine closely the circumstances of identification including the length of time the accused was under observation, the distance, the lighting, and the familiarity of the witness with the accused. If the quality of identification is good, the danger of mistaken identity is reduced.
Identification — Single Identifying Witness — Corroboration
A court can competently rely on identification made by a single witness in difficult circumstances, but it is prudent though not compulsory to look for corroborative evidence.
Forensic Evidence — Soil Analysis — Corroboration of Identification
Scientific evidence from forensic soil analysis matching samples from crime scene exit points to accused persons' shoes and clothing can corroborate identification evidence placing the accused at the scene of crime.
Lies by Accused — Corroboration of Guilt — Conduct After Arrest
Evidence of proved lies by an accused person may corroborate an inference of guilt and may be taken into account by the court when determining the guilt or innocence of the accused, particularly where the accused gives multiple inconsistent explanations for injuries sustained.
Alibi Defence — Burden of Proof — Destruction by Prosecution Evidence
An accused person who sets up an alibi does not assume the duty to prove it; the burden remains on the prosecution to prove to the required standard that the accused was at the scene of crime. Where prosecution evidence places the accused at the scene through identification, scientific evidence, and proved lies about whereabouts, the alibi is destroyed.

Legislation cited (6)

Cases cited (9)

  • Okethi Okale v R [1965] EA 555
  • Kamesere Moses v Uganda (Supreme Court Criminal Appeal No. 8 of 1997)
  • Gusambizi s/o Wesonga [1948] 15 EACA 63
  • Amis Katalikawe and 2 Others v Uganda (Supreme Court Criminal Appeal No. 17 of 1994)
  • Roria v R [1967] EA 583
  • Abdalla Nabulere and 2 Others v Uganda (Criminal Appeal No. 9 of 1978)
  • Moses Bogere and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)
  • Broadhurst v R [1964] All ER 111
  • Uganda v Mwase [1976] HCB 217

Full judgment

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

Uganda v Kisule aka Kisakya and 2 Others (HCT-00-CR-SC 458 of 2019) [2022] UGHCCRD 149 (18 October 2022)
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.