Wakilii

Uganda v Ngabire Samuel alias Kibutusi and Others (Criminal Session No. 0055 of 2023)

High Court · [2025] UGHC 339 · 2025 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial on indictment for aggravated robbery arising from Kisoro Chief Magistrate's Court committal
Decision
All five accused convicted of aggravated robbery and remanded for sentencing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: All five accused persons convicted of aggravated robbery. The complainant, a GISO familiar with the accused from prior police screenings, positively identified all five at the scene under sufficient lighting conditions. The presence of a knife at the complainant's rib side constituted a sufficient threat of violence. The defences of alibi were rejected as discredited by prosecution evidence, including conduct evidence (accused hiding in ceiling) and extra-judicial admissions.

Outcome

All five accused convicted of aggravated robbery and remanded for sentencing

Facts

On 8 March 2023 at approximately 8:00 PM, the complainant Mark Niyonkuru, a GISO, was leaving Shaza Health Centre III after playing football when he took a shortcut through a football pitch. At the last house he was approached and encircled by six men including all five accused. Ngabire Samuel (A1) gave him a firm handshake and pulled him close while Niringimana Nicholas (A3) and Kwizera Derrick (A4) positioned themselves behind him. The group demanded money. When the complainant replied he had none, a knife was pressed against his rib side by one of the men. Kibutusi (A1) searched him from the front and took two Samsung phones valued at UGX 2,050,000 and a wallet containing UGX 176,000, ATM cards and a National ID. The complainant reported the matter to Kisoro Police Station the following day. Police investigations led to the arrest of all five accused, with A1 making extra-judicial admissions and leading police to their hideout in an area called 'Russia' where A4 was found hiding in a ceiling and weapons including pangas, knives and scissors were recovered.

Issues

  1. Whether the prosecution proved theft of property beyond reasonable doubt.
  2. Whether the prosecution proved use of actual violence or threats of violence at, before or after the theft.
  3. Whether the prosecution proved that the assailants were armed with a deadly weapon during the theft.
  4. Whether the prosecution proved participation of all five accused persons in the robbery beyond reasonable doubt.
  5. Whether the defence of alibi raised by each accused person was credible.

Orders

  • All five accused persons found guilty of aggravated robbery contrary to Section 285 and 286(2) of the Penal Code Act.
  • All five accused persons convicted of aggravated robbery.

Rules and key headnotes

Aggravated Robbery — Elements — Threats of Violence
For purposes of robbery under Section 285 of the Penal Code Act, threats to use violence are sufficient to satisfy the violence element where no actual physical violence has been inflicted on the victim. The presence of a knife pressed against the victim's rib side constitutes a sufficient threat and warning that attackers would resort to deadly force if resisted.
Identification Evidence — Conditions for Correct Identification
For visual identification evidence to be reliable, the following conditions must be satisfied: (1) familiarity of the accused to the witness at the time of the offence; (2) adequate lighting conditions; (3) proximity of the accused to the witness at the scene; and (4) sufficient length of time the accused came under observation of the witness.
Identification Evidence — Prior Familiarity — GISO Screening Suspects
Where a witness holds the position of GISO (Gombolola Internal Security Officer) and has been involved in screening suspects at police stations on multiple prior occasions, his testimony that he recognised accused persons from such prior interactions is credible and satisfies the familiarity requirement for visual identification.
Defence of Alibi — Discrediting by Prosecution Evidence
A defence of alibi will be rejected where the prosecution adduces credible identification evidence, including positive identification by a witness familiar with the accused, corroborative evidence of the accused's presence at the scene, and extra-judicial admissions. The defence bears no burden to prove alibi but must raise sufficient doubt; where prosecution evidence is strong and consistent, the alibi defence fails.
Conduct Evidence — Post-Offence Conduct — Consciousness of Guilt
The conduct of an accused person before or after the offence may provide insight into whether he participated in the crime. An accused person who hides in a ceiling when police arrive and must be dragged out exhibits conduct that points irresistibly at guilt and undermines a defence of alibi.
Aggravated Robbery — Deadly Weapon — Knife as Deadly Weapon
A knife is an instrument adapted for stabbing or cutting and falls squarely within the definition of a deadly weapon under Section 319 of the Penal Code Act. Where a knife is used to threaten a victim during a robbery, the prosecution satisfies the element that assailants were armed with a deadly weapon.
Minor Discrepancies — Phone Model and Cash Amount — Effect on Credibility
Minor discrepancies between a complainant's police statement and trial testimony regarding the specific model of a Samsung phone and a shortfall of UGX 6,000 in the amount of money stolen do not go to the root of the complaint and are not fatal to the prosecution case.

Legislation cited (5)

Cases cited (4)

  • Ssekitoleko v Uganda (1961) EA 531
  • Uganda v Obua Polycarp and Another (High Court Criminal Session No. 0454 of 2025)
  • Abdalla Bin Wendo v R (1953) 20 EACA 166
  • Rex v Tubere s/o Ochen (1945) 12 EACA

Full judgment

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

Uganda v Ngabire Samuel alias Kibutusi and Others (Criminal Session No. 0055 of 2023) [2025] UGHC 339 (20 February 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.