Wakilii

Uganda v Nabukenya and Others (HCT-17-CR-SC-0124-2024)

High Court · [2024] UGHC 1247 · 2024 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder before the High Court
Decision
All four accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that while the deceased's death by non-penetrating neck trauma was proved, the prosecution failed to establish beyond reasonable doubt the participation of any of the four accused persons in the killing. The key prosecution witness was unreliable, his oral testimony contradicted his written statement, and evidence implicating two accused persons was hearsay from a co-accused whose statement was not tendered. All four accused acquitted of murder.

Outcome

All four accused acquitted and discharged

Facts

On 10 February 2023, the deceased Vicent Kato was found dead in the compound of the accused persons in Kyandigaya, Nakaseke district. On 11 February 2023 at approximately 6 a.m., Betungura Silver and Nyanzi David reported to Katogo police station that they had tried to arrest a thief caught stealing bananas, that he tried to run away, and that they subdued and tied him but he collapsed. Police found the deceased's body lying in front of the rooms of Nyanzi and Barahukayo with abrasions on the posterior trunk and neck. Medical examination determined the cause of death as non-penetrating neck trauma. Nabukenya Regina and Barahukayo Kenneth were found at the scene and arrested. The prosecution alleged all four accused beat the deceased to death with malice aforethought.

Issues

  1. Whether the death of the deceased occurred and was unlawfully caused.
  2. Whether the prosecution proved malice aforethought.
  3. Whether the prosecution proved participation of the four accused persons in the killing of the deceased beyond reasonable doubt.

Orders

  • Nabukenya Regina and Barahukayo Kenneth acquitted at the close of the prosecution case for failure to establish a prima facie case.
  • Betungura Silver and Nyanzi David found not guilty of the offence of murder and acquitted.
  • Betungura Silver and Nyanzi David released from custody unless lawfully held in connection with some other charges.

Rules and key headnotes

Evidence — Hearsay — Statement of Co-Accused Not Tendered
Where a prosecution witness testifies to what a co-accused told him in an interview but that co-accused's statement was not recorded or tendered in evidence, such testimony is hearsay and the court cannot rely upon it to implicate other accused persons.
Evidence — Witness Credibility — Material Contradiction Between Oral Testimony and Written Statement
Where a key prosecution witness's oral testimony in court materially contradicts his own written police statement on critical facts, including what accused persons reported and the identity of the deceased, the court cannot rely on that witness.
Criminal Law & Procedure — Murder — Burden of Proof — Participation
While the prosecution need not prove guilt beyond a shadow of doubt, where the only evidence linking accused persons to a killing is unreliable hearsay and the key witness's written statement attributes the killing to a mob, the prosecution has failed to prove participation beyond reasonable doubt and the accused must be acquitted.
Criminal Law & Procedure — Prima Facie Case — Acquittal at Close of Prosecution Case
Where at the close of the prosecution case the evidence adduced does not establish a prima facie case against certain accused persons, the court must acquit those accused persons at that stage.

Legislation cited (1)

Full judgment

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

Uganda v Nabukenya and Others (HCT-17-CR-SC-0124-2024) [2024] UGHC 1247 (28 August 2024)
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.