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Uganda v Mugabe and 5 Others (HCT-00-CR-SC 485 of 2018)

High Court · [2022] UGHCCRD 144 · 2022 Conviction Entered (five accused); Acquittal (one accused) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial before the High Court on charges of murder and kidnap with intent to murder
Decision
Five accused persons convicted on both counts of murder and kidnap with intent to murder; one accused person acquitted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted five accused persons (Mugabe Kamada Shakur, Olo John Bosco, Dumba Ali Salongo, Kaaya Brian, and Lukwago Herbert) of murder and kidnap with intent to murder. The court found that the victim was abducted, taken to Kikajjo hill, and murdered after a witch doctor rejected her for ritual purposes. The court relied on the confessions and video reconstruction of A1 and A2, corroborated by physical evidence at the scene, and applied the legal principles governing accomplice evidence. Sendi Frank was acquitted for lack of evidence.

Outcome

Five accused persons convicted on both counts of murder and kidnap with intent to murder; one accused person acquitted

Facts

On 25 April 2018, the body of a young woman, later identified as Nabwanika Rehema Halima, was discovered on Kikajjo hill in Massajja, Wakiso District. Her mouth, eyes, and nose were sealed with superglue, and the cause of death was suffocation. About a month later, A1 Mugabe Kamada Shakur was arrested on an unrelated offence and confessed to the murder, leading to the arrest of five others. According to the evidence, on a night in April 2018, the accused abducted the deceased from the new taxi park in Kampala and drove her to Kikajjo hill. At the hill, A3 Dumba Ali, a witch doctor who financed the operation, rejected her after discovering she had borne a child, as he wanted a virgin. Dumba directed that she be killed. A2 Olo John Bosco strangled her to death. A6 Lukwago Herbert, the driver, subsequently made calls to the deceased's relatives demanding ransom. The accused shared money after the killing. The prosecution relied on confessions from A1 and A2, a video reconstruction of events, and corroborating physical evidence including the deceased's phone cover recovered at the scene.

Issues

  1. Whether the prosecution proved the elements of murder contrary to sections 188 and 189 of the Penal Code Act — namely, that there was a death, the death was caused unlawfully, with malice aforethought, and the accused participated.
  2. Whether the prosecution proved the elements of kidnap with intent to murder contrary to section 243(1)(c) of the Penal Code Act — namely, that the victim was taken unlawfully, by force or fraud, with intention or knowledge that the person would be killed, by the accused persons.
  3. Whether the confessions of A1 and A2 and their video reconstruction were reliable and admissible.
  4. Whether the prosecution proved the participation of each accused person in the commission of the offences.

Orders

  • Mugabe Kamada Shakur found guilty and convicted on both counts of murder and kidnap with intent to murder.
  • Olo John Bosco found guilty and convicted on both counts of murder and kidnap with intent to murder.
  • Dumba Ali Salongo Kyagulanyi Sembajja found guilty and convicted on both counts of murder and kidnap with intent to murder.
  • Kaaya Brian found guilty and convicted on both counts of murder and kidnap with intent to murder.
  • Lukwago Herbert found guilty and convicted on both counts of murder and kidnap with intent to murder.
  • Sendi Frank a.k.a Heavy acquitted.

Rules and key headnotes

Murder — Elements of the offence — Death, unlawful causation, malice aforethought, and participation
To establish the offence of murder under sections 188 and 189 of the Penal Code Act, the prosecution must prove beyond reasonable doubt that there was a death, the death was caused unlawfully, with malice aforethought, and that the accused participated in the killing.
Malice aforethought — Inference from circumstances
Malice aforethought can be inferred from the type of weapon used, the nature of the injuries inflicted, the part of the body affected, and the conduct of the perpetrator before and after the attack. Sealing the nose, mouth, and eyes of a victim with superglue to cause suffocation demonstrates a deliberate premeditated intention to cause death.
Accomplice evidence — Corroboration requirement and exceptions
Although it is the rule of practice that a court must warn itself of the danger of acting on the uncorroborated testimony of an accomplice, a conviction may proceed on such evidence where there is corroboration in material particulars. Corroboration of a material part is a guarantee of the truth of the accomplice's evidence as a whole. There are exceptional cases where a departure from the general rule on corroboration is justified, based on the credibility of the accomplice combined with the weight to be attached to the facts to which they testify.
Confessions — Sufficiency to prove guilt
A statement is not a confession unless it is sufficient by itself to prove the guilt of the person making it of the offence for which he is charged. A court may rely on such a confession if satisfied of its truth, and where there is corroboration in material particulars.
Inconsistencies in evidence — Effect on credibility
It is not every inconsistency that will result in a witness's testimony being rejected. It is only a grave inconsistency, unless satisfactorily explained, which will usually result in the evidence of a witness being rejected. Minor inconsistencies will not usually have that effect unless the court thinks they point to deliberate untruthfulness.
Kidnap with intent to murder — Elements of the offence
To prove the offence of kidnap with intent to murder under section 243(1)(c) of the Penal Code Act, the prosecution must establish that the victim was taken unlawfully, by force or fraud against their will, with intention or knowledge that the person would be killed, by the accused person(s). The offence is complete when there has been actual asportation of the victim accompanied with an intention to kill, compel, or gain a benefit.
Common intention — Liability of co-accused persons
Where multiple accused persons participate in a criminal enterprise with a common intention to commit the acts constituting the offence, each is liable for the offence even if different roles are played by each participant in the execution of the crime.

Legislation cited (5)

Cases cited (12)

  • 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)
  • Anyangu v R [1968] EA 239
  • Nassolo v Uganda [2003] EA 181
  • Ayor and anor Vs Ug [1968] 303
  • Rex v Taibali Mohamedai [1936] 10 EACA 60
  • Susan Kiguli v Uganda (Supreme Court Criminal Appeal No. 1 of 2004)
  • Baluku Samuel and Another v Uganda [2018] UGSC 26
  • Sarapio Tinkamalirwe v Uganda (Supreme Court Criminal Appeal No. 27 of 1989)
  • Canisio s/o Walwa V R 23 EACA 453

Full judgment

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

Uganda v Mugabe and 5 Others (HCT-00-CR-SC 485 of 2018) [2022] UGHCCRD 144 (2 November 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.