Wakilii

Uganda v Kyasimire & Anor (Criminal Session 63 of 2013)

High Court · [2013] UGHCACD 3 · 2013 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for embezzlement
Decision
Both accused convicted and sentenced to fines with imprisonment in default

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted both accused of embezzlement under the Anti-Corruption Act. The first accused was intercepted 300 metres from the health centre carrying medical supplies in a bag and additional medical items and mattresses were recovered from her home. The second accused had medical supplies and mattresses recovered from her residence. The court rejected the defence that the items were for first aid purposes, holding that the quantities involved and the removal of items to private residences demonstrated fraudulent intent to deprive the government of its property.

Outcome

Both accused convicted and sentenced to fines with imprisonment in default

Facts

On 13 January 2012, Kyasimire Florence, a health worker at Kikokwa Health Centre in Isingiro District, was intercepted by the District Internal Security Officer 300 metres from the health centre carrying a bag containing assorted medical items including polythene sheets, infusions, cotton wool, gauze, syringes and medicines labelled 'Government of Uganda'. A search of her house recovered additional medical items and two government mattresses. On 14 January 2012, following a tip-off, Nagawa Haspher's house was searched and two government mattresses, 75 sachets of oral rehydration salts, 15 cycles of oral contraceptives and 28 syringes were recovered. Both accused were employees of Isingiro District Local Government. The staff quarters where the items were found were separate from the health unit, approximately 1.5 kilometres away.

Issues

  1. Whether the accused persons stole medical items and mattresses belonging to Isingiro District Local Government.
  2. Whether the prosecution proved beyond reasonable doubt that the accused embezzled property of the local government.
  3. Whether items recovered from the accused persons' residences were intended for first aid or constituted theft.

Orders

  • First accused (Kyasimire Florence) convicted of embezzlement contrary to section 19(a) of the Anti-Corruption Act.
  • Second accused (Nagawa Haspher) convicted of embezzlement contrary to section 19(a) of the Anti-Corruption Act.
  • First accused sentenced to a fine of UGX 1,000,000 or one year imprisonment in default.
  • Second accused sentenced to a fine of UGX 500,000 or eight months imprisonment in default.
  • Expired drugs to be destroyed.
  • Unexpired drugs and medical items to be returned to Kikokwa Health Centre III.
  • Right of appeal explained to the accused.

Rules and key headnotes

Embezzlement — Elements — Asportation and Fraudulent Intent
The offence of theft under section 254(1) of the Penal Code Act is committed when one fraudulently dispossesses another of something capable of being stolen, and the least removal of goods from the place where they were is sufficient to constitute asportation.
Burden of Proof — Criminal Cases — Prima Facie Case
In a criminal case, the prosecution bears the burden of proof beyond reasonable doubt and discharges its evidential burden by adducing sufficient evidence to raise a prima facie case against the accused.
Embezzlement — Defences — First Aid Justification
A claim that medical supplies removed from a health facility were intended for first aid purposes will be rejected where the quantity of items recovered is inconsistent with first aid use and the items were found in the accused's private residence separate from the treatment facility.
Embezzlement — Intent to Permanently Deprive — Government Property
The retention of government labels on stolen property does not negate intent to permanently deprive the owner; intent to steal is sufficiently demonstrated where government property is removed from its designated location to the accused's private residence.

Legislation cited (2)

Cases cited (2)

  • Okale v R (1965) EA 55
  • Sula Kassika v Uganda (Criminal Appeal No. 20 of 1993)

Full judgment

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

Uganda v Kyasimire & Anor (Criminal Session 63 of 2013) [2013] UGHCACD 3 (11 November 2013)
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.