Wakilii

Uganda v Nekemiya and 4 Others (Criminal Session 9 of 2015)

High Court · [2020] UGHCCRD 162 · 2020 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial in the High Court on a murder charge
Decision
All five accused convicted of murder and sentenced to 19 years and 6 months imprisonment after deducting time on remand

Observed later treatment

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Holding

The High Court convicted five accused persons of murdering Tabiruka Samuel. The court found that the prosecution proved beyond reasonable doubt that the deceased died from strangulation, that eyewitnesses positively identified the accused persons transporting and disposing of the body at night, and that malice aforethought could be inferred from the manner of killing including the use of a rope to strangle the deceased and the removal of his tongue. The accused were each sentenced to 25 years imprisonment less remand time.

Outcome

All five accused convicted of murder and sentenced to 19 years and 6 months imprisonment after deducting time on remand

Facts

On 20 February 2015, the deceased Tabiruka Samuel left home for Kiryolu Trading Centre where he operated a shop and never returned. His body was discovered the next day in a trench along Budaka-Kakutu road with a nylon rope around his neck and his tongue cut out. Two eyewitnesses testified they saw the five accused persons and others at large transporting a person with a fallen head on a bicycle at the bridge between 7pm and 8pm on the night of 20 February 2015, and witnessed them disposing of the body in the trench. The first and second accused were sons of the deceased who had previously threatened to kill him over land inheritance disputes. A post mortem established death by cardiac respiratory failure secondary to strangulation. All five accused pleaded not guilty but were identified by witnesses who knew them well.

Issues

  1. Whether the prosecution proved the death of a human being beyond reasonable doubt.
  2. Whether the deceased's death was caused unlawfully.
  3. Whether the deceased's death was caused with malice aforethought.
  4. Whether the accused persons participated in causing the death of the deceased.

Orders

  • Each of the five accused persons convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Each accused sentenced to 25 years imprisonment.
  • Period of 5 years and 6 months spent on remand to be deducted from the sentence in compliance with Article 23(8) of the Constitution.
  • Each accused to serve 19 years and 6 months imprisonment.
  • Right of appeal explained.

Rules and key headnotes

Murder — Burden of Proof — Prosecution Must Prove Case Beyond Reasonable Doubt
In all criminal cases, the burden of proving the guilt of the accused beyond reasonable doubt rests always upon the prosecution and does not shift to the accused except in a limited number of statutory cases. An accused should not be convicted on the weakness of his defence but on the strength of the case as proved by the prosecution.
Murder — Ingredients of Offence — Death, Unlawfulness, Malice Aforethought, Participation
In the offence of murder, the prosecution must prove beyond reasonable doubt four ingredients: (1) death of a human being; (2) that the death was caused unlawfully; (3) that the death was caused with malice aforethought; and (4) that the accused participated in causing the death of the deceased.
Homicide — Unlawful Killing — Presumption Unless Accident or Self-Defence
All homicides are presumed to be unlawfully caused unless caused by accident or self-defence or defence of property or by an act of God.
Malice Aforethought — Inference from Circumstances — Weapon Used and Nature of Injuries
Malice aforethought is a mental element that can be inferred from the surrounding circumstances of the offence such as the weapon used, the part of the body targeted, the nature of injuries inflicted, and the conduct of the assailant before, during, and after the offence. The act of strangling a person to death by compressing the throat with a rope is sufficient to infer malice aforethought.
Identification Evidence — Recognition by Known Persons — Lighting Conditions
Where identifying witnesses knew the accused persons very well before the incident, identification evidence may be accepted where lighting conditions were favourable, including natural light at 7pm or torch light at 8pm that illuminated the scene sufficiently to permit positive identification, and there is no suggestion of mistaken identity.
Minor Discrepancies in Evidence — Description of Objects — Does Not Vitiate Credibility
Minor discrepancies in witness testimony, such as different descriptions of the colour of a rope, do not vitiate the credibility of the evidence where the discrepancies are minor and do not point to deliberate untruthfulness, and the court can safely ignore such discrepancies.
Circumstantial Evidence — Motive and Conduct After Offence — Flight as Inculpatory Fact
The existence of motive makes it more likely that an accused would commit a crime. Conduct of accused persons including prior threats against the deceased and disappearance from the village immediately after the burial, particularly where some accused were family members, are factors inconsistent with innocence and can constitute inculpatory facts incompatible with innocence and incapable of explanation on any reasonable hypothesis other than guilt.

Legislation cited (6)

Cases cited (14)

  • Woolmington v DPP [1935] AC 462
  • Oketh Okale v R (1965) EA 555
  • Uganda v Oloya [1977] HCB 4
  • R v Israil Epuku (1934) 1 EACA 166
  • UGANDA Vs DECEMBER ROBERT, H.C.CRIM, CASE No. 208/15, FORT PORTAL
  • R v Gusambizi (1948) EACA 65
  • Patrick Akol & Others v Uganda [2006] HCB Vol. 1
  • Uganda v Dusmani Sabuni [1981] HCB 1
  • Abdalla Bin Wendo & Another v R [1953] EACA 166
  • UGANDA Vs BURIRIMWEZI & 2 ORS, H.C.CRIM.SESSION CASE No.070/14, MASAKA
  • Simon Musoke v R (1956) EA 715
  • Bukenya v Uganda (Criminal Appeal No. 51 of 2017)
  • Sunday v Uganda (Criminal Appeal No. 13 of 2006)
  • Byaruhanga v Uganda (Criminal Appeal No. 144 of 2007)

Full judgment

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

Uganda v Nekemiya and 4 Others (Criminal Session 9 of 2015) [2020] UGHCCRD 162 (16 September 2020)
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.