Wakilii

Uganda v Mukalu & Anor (Criminal Session Case No. 50 of 2009)

High Court · [2014] UGHCCRD 50 · 2014 Conviction Entered (A2 Murder); Acquittal and Conviction (A1 Accessory) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance murder trial before High Court with assessors
Decision
Ekau Cuthbert convicted of murder; Mukalu Rajab acquitted of murder but convicted as accessory after the fact

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted Ekau Cuthbert of murder, finding he participated in the unlawful killing of the deceased with common intention alongside others who assaulted and strangled the victim. Mukalu Rajab was acquitted of murder due to uncertain evidence of his presence during the assault, but was convicted as an accessory after the fact for his participation in disposing of the deceased's body.

Outcome

Ekau Cuthbert convicted of murder; Mukalu Rajab acquitted of murder but convicted as accessory after the fact

Facts

On 8 June 2009 at Ojingai village, Serere district, the deceased Omutojo James Charles went to the house of Ekau Cuthbert (A2) at about 8:30 p.m. to take enguli. Shortly after his arrival, one Opolot asked the deceased what he wanted and squeezed his neck. A group including Ekau and others then assaulted the deceased by stumping and stepping on him while saying 'let us kill him'. The deceased died from strangulation. Later that night, PW2 Opio John Patrick saw a group including Mukalu Rajab (A1) and Ekau carrying a person's body from Mukalu's shrine and placing it on a path leading to a borehole. The body was discovered the next day. A post-mortem examination confirmed death by strangulation. Both accused went into hiding after being named to police and were later arrested.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the accused persons caused the unlawful death of the deceased with malice aforethought.
  2. Whether Mukalu Rajab participated in the murder of the deceased.
  3. Whether Ekau Cuthbert participated in the murder of the deceased under the principle of common intention.
  4. Whether Mukalu Rajab acted as an accessory after the fact by participating in the disposal of the deceased's body.

Orders

  • Mukalu Rajab (A1) acquitted of the charge of murder.
  • Ekau Cuthbert (A2) convicted of murder contrary to section 188 of the Penal Code Act.
  • Mukalu Rajab (A1) convicted of accessory after the fact contrary to section 206 of the Penal Code Act.

Rules and key headnotes

Evidence — Documentary Evidence — Post-Mortem Reports — Admissibility by Consent — Challenge at Trial
Where a post-mortem report is admitted into evidence by consent of both prosecution and defence counsel at the commencement of trial, counsel who consented cannot subsequently challenge the admissibility or contents of that report during submissions.
Criminal Law & Procedure — Burden of Proof — Standard of Proof Beyond Reasonable Doubt — Uncertainty in Witness Testimony
Where a prosecution witness is uncertain about an accused person's participation in an assault and contradicts his own police statement regarding the accused's presence at the scene, the standard of proof beyond reasonable doubt is not met and the accused must be acquitted.
Criminal Law & Procedure — Murder — Common Intention — Participation in Assault — Association with Unlawful Act
Under the principle of common intention, an accused person who participates in assaulting a victim alongside others who are engaged in causing the victim's death is responsible for the death even if he did not personally inflict the fatal injury, where he associated himself with the unlawful act and did not dissociate himself from it.
Criminal Law & Procedure — Malice Aforethought — Proof of Intention — Hostile Reception and Utterances
Evidence of malice aforethought and a prior plan to kill may be established from the hostile reception given to the deceased upon arrival and the utterances made by the group of assailants during the assault.
Criminal Law & Procedure — Accessory After the Fact — Disposal of Body — Participation in Concealment
An accused person who participates with others in the disposal of a deceased person's body after the commission of murder is properly convicted as an accessory after the fact contrary to section 206 of the Penal Code Act.

Legislation cited (4)

Cases cited (2)

  • Birembo Sebastian and Another v Uganda (Criminal Appeal No. 20 of 2001)
  • Nanyonjo H and Senyonjo K v Uganda (Criminal Appeal No. 24 of 2002)

Full judgment

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

Uganda v Mukalu & Anor (Criminal Session Case No. 50 of 2009) [2014] UGHCCRD 50 (1 July 2014)
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.