Wakilii

Uganda v Nassaka Margret (Criminal Session Case 232 of 2021)

High Court · [2025] UGHC 655 · 2025 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
Accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court acquitted the accused of murder. While the prosecution proved the death of Ssekandi Gerald and that he was the last person seen with the accused, it failed to prove beyond reasonable doubt that the death was caused by unlawful means. Despite medical evidence of strangulation, contradictions in the medical testimony and the circumstances of the death were consistent with an accidental fall onto a bicycle. The prosecution failed to establish the essential ingredient of unlawful death.

Outcome

Accused acquitted and discharged

Facts

Nassaka Margret was charged with the murder of Ssekandi Gerald in March 2020. The deceased's body was discovered near Nabunya River. A post-mortem examination conducted by PW2 on 10 March 2020 indicated the cause of death as hypoxia secondary to strangulation. The medical examiner noted blood from both nostrils and mouth, an abrasion on the right eye, and bruised neck muscles. However, in cross-examination, PW2 testified that he did not see any wound or injuries on the neck. PW1 testified that the deceased's clothes were not torn or dirty. The accused testified that she saw the deceased fall face down onto his bicycle and make no further sound. The court found the evidence consistent with an accidental death rather than unlawful killing.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the death of Ssekandi Gerald was caused by an unlawful act.
  2. Whether the death of Ssekandi Gerald was caused by strangulation as alleged by the prosecution or by accident.
  3. Whether the accused Nassaka Margret was guilty of the murder of Ssekandi Gerald.

Orders

  • Accused acquitted of the offence of murder of Ssekandi Gerald contrary to sections 171 and 172 of the Penal Code Act, Cap. 128.
  • Accused to be set free unless held on other lawful charges.

Rules and key headnotes

Murder — Essential Ingredients — Unlawful Death
Proof of unlawful death is a major ingredient of the offence of murder and failure to prove it will lead to automatic acquittal of an accused person regardless of proof of other ingredients.
Burden of Proof — Criminal Cases — Standard of Proof
In criminal cases, the burden of proof lies on the prosecution to prove all ingredients of the offence beyond reasonable doubt and this burden does not shift to the accused person who can only be convicted on the strength of the prosecution case and not because of weaknesses in the defence.
Medical Evidence — Contradictions — Effect on Credibility
Contradictions in medical testimony that do not point to deliberate untruthfulness and can be explained by passage of time do not in themselves vitiate the probative value of medical evidence where the core findings remain consistent with the facts.

Legislation cited (2)

Cases cited (8)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Niwamanya James v Uganda (Court of Appeal Criminal Appeal No. 591 of 2015)
  • Uganda v Bosco Okello [1992-93] HCB 68
  • R v Gusambuzi s/o Wesonga [1948] EACA 65
  • Nasolo v Uganda (Supreme Court Criminal Appeal No. 14 of 2000)
  • Alfred Tajar v Uganda (EACA Criminal Appeal No. 167 of 1969)
  • DPP vs Morgan Maliki and Nyaisa Makori Criminal Appeal No. 133/2013 (Tanzania Court of Appeal)

Full judgment

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

Uganda v Nassaka Margret (Criminal Session Case 232 of 2021) [2025] UGHC 655 (7 July 2025)
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.