Wakilii

Uganda v Nakiyingi Annet and Another (Criminal Session Case 185 of 2025)

High Court · [2026] UGHC 474 · 2026 No Case to Answer Submission Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on no case to answer submission in a murder trial arising from committal proceedings in the Chief Magistrate's Court
Decision
Accused persons ordered to enter their defence; matter to proceed to trial on the merits

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Holding

The High Court found that the prosecution established a prima facie case of murder against both accused persons. The court held that unlawful death by asphyxiation was proved, malice aforethought could be inferred from the lodging of a rolled paper obstruction in the deceased child's airway, and participation was established by circumstantial evidence placing both accused at the scene with care and control of the deceased. The accused were ordered to enter their defence. The court also directed a professional inquiry into the conduct of the midwife who performed invasive procedures on the deceased's body.

Outcome

Accused persons ordered to enter their defence; matter to proceed to trial on the merits

Facts

On March 5, 2025, Nakiyingi Annet and Nakityo Brenda brought three-year-old Gensis Kirabo Gold to Abison Clinic in Bunnamwaya, Wakiso District, claiming the child had swallowed paper. The midwife on duty found the child already dead and used forceps to extract a large folded hard paper box material from deep in the child's throat. The post-mortem report revealed death by asphyxiation and documented multiple injuries on the body including scars on the face, knees and joints, deformities of the limbs, healing fractures and healing knee wounds. The accused persons, who resided with the deceased, were initially charged with rash and negligent acts causing death, then later with murder. Both accused were present at the home when the injury occurred but provided no lawful explanation for how the obstruction came to be lodged in the child's airway.

Issues

  1. Whether sufficient evidence has been made out that the accused persons committed the offence of aggravated murder to require them to be put on their defence.

Orders

  • Sufficient evidence has been made out by the prosecution against the accused persons.
  • The accused persons are ordered put on their defence.
  • An inquiry is ordered to commence against Abias Twinomugisha, a registered midwife, for scandalous conduct under Section 37(c) of the Nurses and Midwives Act Cap 74.
  • The Registrar, Entebbe High Court, is ordered to serve a copy of this order on the Secretary or Registrar of the Nurses and Midwives Council within 7 days.
  • The Registrar of the High Court shall receive a copy of the findings of the inquiry and file them with the Court, with a copy to the learned Director of Public Prosecutions for further appropriate action.

Rules and key headnotes

Criminal Procedure — No Case to Answer — Test for Prima Facie Case
A prima facie case is established when the evidence adduced is such that a reasonable tribunal, properly directing its mind on the law and evidence, would convict the accused person if no evidence or explanation was set up by the defence.
Murder — Ingredients — Unlawful Death
It is a presumption of law that a death is unlawful unless it is accidental or authorised by law.
Circumstantial Evidence — Malice Aforethought — Inference from Conduct
Malice aforethought may be deduced from circumstantial evidence. Where an obstruction is lodged in the airway of a deceased child by persons in care and control of that child, and no plausible innocent explanation exists, malice aforethought may be inferred.
Murder — Causation — Contributory Cause of Death
Under Section 179 of the Penal Code Act, a person is deemed to have caused the death of another even where the act is not the immediate or sole cause of death, if bodily injury is inflicted in consequence of which the victim undergoes medical treatment which causes death, provided the treatment was employed in good faith.
Circumstantial Evidence — Participation in Murder — Inference from Care and Control
Participation in murder may be established by circumstantial evidence. Where accused persons are in care and control of a deceased child, are present at the scene when injury occurs, and provide no lawful explanation for how a fatal obstruction came to be lodged in the child's airway, participation may be inferred.

Legislation cited (7)

Cases cited (3)

  • Rananlal T. Bhatt v R (1957) EA 332
  • R v Gusambazi s/o Wesonga (1948) 15 EACA 65
  • Uganda v Eyau Joseph Komakech and Others (Criminal Session Case No. 408 of 2022)

Full judgment

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

Uganda v Nakiyingi Annet and Another (Criminal Session Case 185 of 2025) [2026] UGHC 474 (4 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.