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Uganda v Nakabale Innocent and Others [2026] UGHC 648

High Court · 2026 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder and aggravated robbery
Decision
All four accused convicted and sentenced to concurrent terms of 35 years imprisonment on each count, with remand periods deducted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted all four accused of two counts of murder and one count of aggravated robbery. The prosecution proved beyond reasonable doubt that the accused participated in the killing of two persons with malice aforethought during a violent robbery at Kabonera trading centre on 4 September 2017. Identification evidence from multiple eyewitnesses who knew the accused for years, recovery of exhibits at the scene, and a confessional statement from one accused established participation. The court rejected the defence of alibi as an afterthought and imposed concurrent sentences of 35 years imprisonment on each count.

Outcome

All four accused convicted and sentenced to concurrent terms of 35 years imprisonment on each count, with remand periods deducted

Facts

On the night of 4 September 2017 at approximately 1:00 a.m., a group of assailants attacked premises at Kabonera trading centre in Masaka District. The assailants broke into the home of Kulabako Geoffrey, who operated a video library with slot machines. During the attack, the assailants murdered Mujjumba Godfrey and Kulabako Ibrahim using blunt force trauma to the head, causing multiple cuts and fractures. The assailants robbed Kulabako Geoffrey of UGX 700,000 from slot machines and damaged property. Several witnesses, including Kulabako Geoffrey, his father Mukasa Umar, and neighbour Muwonge Vincent, were assaulted during the incident. The assailants were armed with pangas and a hoe handle. Police recovered a mobile phone dropped at the scene which led to the identification and arrest of the accused persons. One accused, Galiwango Musa, made a confessional statement admitting participation in the offences.

Issues

  1. Whether the deaths of Mujjumba Godfrey and Kulabako Ibrahim occurred and whether there was theft of property.
  2. Whether the deaths were caused unlawfully and whether there was use of actual violence during the theft.
  3. Whether the deaths were caused with malice aforethought and whether the assailants were armed with a deadly weapon.
  4. Whether the accused participated in the two counts of murder and the count of aggravated robbery.

Orders

  • All four accused convicted of two counts of murder contrary to sections 171 and 172 of the Penal Code Act Cap 128.
  • All four accused convicted of one count of aggravated robbery contrary to sections 266 and 267(2) of the Penal Code Act Cap 128.
  • A1 Nakabale Innocent sentenced to 35 years imprisonment on each count to run concurrently, less 8 years 8 months and 1 day spent on remand, leaving 26 years 3 months and 29 days to serve.
  • A2 Terutesa Joseph alias Lafair sentenced to 35 years imprisonment on each count to run concurrently, less 7 years 3 months and 1 day spent on remand, leaving 27 years 8 months and 29 days to serve.
  • A3 Lubega Geoffrey alias Mr. O sentenced to 35 years imprisonment on each count to run concurrently, less 8 years 4 months and 13 days spent on remand, leaving 26 years 7 months and 17 days to serve.
  • A4 Galiwango Musa sentenced to 35 years imprisonment on each count to run concurrently, less 8 years 8 months and 1 day spent on remand, leaving 26 years 7 months and 17 days to serve.
  • Convicts advised of their right to appeal within fourteen days.

Rules and key headnotes

Murder — Burden and Standard of Proof — Proof Beyond Reasonable Doubt
In a prosecution for murder, the burden of proof rests entirely on the prosecution to prove each ingredient of the offence beyond reasonable doubt, and this burden never shifts to the accused.
Murder — Malice Aforethought — Inference from Weapon Used and Body Part Targeted
Malice aforethought may be inferred from the use of a deadly weapon on a vulnerable part of the body. Where assailants use pangas and a hoe handle to inflict blunt force trauma to the head causing multiple cuts and fractures, the intention to cause death or knowledge that death would probably result is established.
Identification Evidence — Recognition by Witnesses Who Knew Accused for Years
Where multiple eyewitnesses who had known the accused for periods ranging from 9 to 15 years positively identify them at the scene of crime under adequate lighting conditions and at close proximity, and their evidence is consistent and corroborated by recovery of exhibits, such identification evidence is reliable and sufficient to establish participation.
Confessional Statements — Admissibility and Probative Value
A charge and caution statement in which an accused confesses to having committed the offence, recorded in accordance with proper procedure and admitted in evidence without objection, constitutes reliable evidence of participation and may be corroborated by eyewitness testimony.
Defence of Alibi — Raised as Afterthought — Rejection Where Disproved by Prosecution Evidence
Where an accused raises a defence of alibi for the first time at trial without having disclosed it at the police station, and the alibi is contradicted by credible eyewitness evidence placing the accused at the scene of crime, the court is entitled to reject the alibi as an afterthought.
Sentencing — Murder — Application of Sentencing Guidelines and Deduction of Remand Period
In sentencing for murder, the court must apply the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013, which provide a starting point of 35 years with a sentencing range of 30 years to death. The court must deduct the period spent on remand from the sentence considered appropriate after all aggravating and mitigating factors have been taken into account.
Sentencing — Uniformity and Consistency — Consideration of Past Similar Cases
While sentencing guidelines must be applied, courts should also consider past cases bearing similar resemblance to ensure uniformity and consistency in sentencing, so that cases with similar facts attract similar sentences for convicts of the same offence, though such cases are not binding precedents.

Legislation cited (6)

Cases cited (7)

  • Joseph Kiiza and Another v Uganda [1978] HCN 268
  • Livingstone Kakooza v Uganda (Supreme Court Criminal Appeal No. 17 of 1993)
  • Attorney General v Susan Kigula and 417 Others (Supreme Court Constitutional Appeal No. 3 of 2006)
  • Ogala s/o Owoura v R (1954) 21 EACA 270
  • Ninsiima Gilbert v Uganda (Court of Appeal Criminal Appeal No. 180 of 2010)
  • Mbunya Godfrey v Uganda (Supreme Court Criminal Appeal No. 4 of 2011)
  • Uganda v Ochir Benson (Criminal Session Case No. 144 of 2015)

Full judgment

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

Uganda v Nakabale Innocent and Others 2026 UGHC 648 (21 May 2026)
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.