Wakilii

Uganda v R.o Captian Bumali Mangeni alias Akeem and 2 Others (Criminal Session 451 of 2017)

High Court · [2021] UGHCCRD 5 · 2021 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial in High Court on charges of kidnap with intent to murder, aggravated robbery, and murder
Decision
All three accused convicted on all three counts of kidnap with intent to murder, aggravated robbery, and murder

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted all three accused of kidnap with intent to murder, aggravated robbery, and murder. The court found that the prosecution proved beyond reasonable doubt that the accused persons planned and executed the kidnap of Daniel Weldu Michael from Kampala, robbed him of property valued at approximately 200 million shillings, transported him to Kenya, and murdered him by shooting and setting his body ablaze. The alibis of the first and third accused and the compulsion defence of the second accused were rejected. The court held it had jurisdiction under Penal Code Act s.5 to try offences committed partly within and partly beyond Uganda's borders.

Outcome

All three accused convicted on all three counts of kidnap with intent to murder, aggravated robbery, and murder

Facts

On 27 October 2016, Daniel Weldu Michael, an Eritrean businessman, was lured to meet individuals who claimed they could assist him in obtaining a German visa. The three accused persons, acting pursuant to a plan formulated in prior meetings, met the victim at Kololo, Kampala. They fraudulently obtained his cheque leaf, then forcibly took control of his vehicle, restrained him with tape, sedated him by injection, and robbed him of his vehicle, passport, mobile phones, bank documents, USD 1800, wristwatch, and other property. The accused drove the unconscious victim from Kampala to Busia, crossing into Kenya using an ungazetted route. In Kenya, the victim was ordered to run, then shot twice. His body was doused with petrol and set ablaze. The accused returned to Uganda in the victim's vehicle, which was subsequently sold in Congo. Police investigations led to the arrest of all three accused and recovery of evidence linking them to the crimes.

Issues

  1. Whether the prosecution proved beyond reasonable doubt the offence of kidnap with intent to murder against all three accused persons.
  2. Whether the prosecution proved beyond reasonable doubt the offence of aggravated robbery against all three accused persons.
  3. Whether the prosecution proved beyond reasonable doubt the offence of murder against all three accused persons.
  4. Whether the alibis raised by the first and third accused were credible.
  5. Whether the defence of compulsion raised by the second accused was established.
  6. Whether the confessions and statements admitted were voluntary and reliable.
  7. Whether the court had jurisdiction to try the offence of murder committed partly in Uganda and partly in Kenya.
  8. Whether there was a common intention among the accused to prosecute an unlawful purpose.

Orders

  • All three accused persons found guilty as charged on Count 1 (kidnap with intent to murder).
  • All three accused persons found guilty as charged on Count 2 (aggravated robbery).
  • All three accused persons found guilty as charged on Count 3 (murder).
  • All three accused persons convicted as charged on all three counts.

Rules and key headnotes

Kidnap with Intent to Murder — Proof of Contemporaneous Intent
Under Penal Code Act s.243(1), for the offence of kidnapping with intent to murder to be established, the prosecution must prove that the perpetrators had a contemporaneous intent that the victim would be murdered or put in danger of being murdered at the time of the kidnap. This intent may be inferred from the subsequent conduct of the perpetrators, including shooting the victim multiple times and setting the body ablaze.
Aggravated Robbery — Possession of Deadly Weapon
Under Penal Code Act s.286(3), for the aggravation element of robbery to be established, it is not necessary that a deadly weapon be used; possession of such a weapon at the time of, immediately before, or immediately after the robbery is sufficient. A pistol is a deadly weapon made for shooting within the meaning of the section.
Murder — Malice Aforethought — Inference from Circumstances
Malice aforethought is established by critical examination of surrounding circumstances including the nature and number of injuries inflicted, the part of the body injured, the type of weapon used, and the conduct of the assailants before, during, and immediately after the attack. Where an assailant shoots a victim through the lungs causing fatal bleeding and thereafter sets the body ablaze, malice aforethought is established.
Common Intention — Joint Criminal Enterprise — Liability of All Participants
Under Penal Code Act s.20, where two or more persons form a common intention to prosecute an unlawful purpose and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of that purpose, each of them is deemed to have committed the offence. An accused who participated in the kidnap and robbery but was not present at the murder scene is culpable for murder where the murder was a probable consequence of the unlawful purpose.
Defence of Alibi — Disclosure at Earliest Opportunity
For an alibi defence to be believed, it should be disclosed at the earliest possible opportunity to give the prosecution an opportunity to inquire into it. Where an accused raises an alibi only at the time of defence after two years of detention without prior disclosure, the defence may be rejected as an afterthought.
Defence of Compulsion — Requirements — Disassociation from Offence
The defence of compulsion requires the accused to establish that the act was performed involuntarily under threat of death. The defence is not available where the accused participated in planning meetings before the offence, remained with co-accused after the offence was committed, and failed to disassociate himself from the offence when opportunities arose to do so or to report the matter to authorities.
Confession by Co-Accused — Admissibility Against Others
Under Evidence Act s.27, at the trial of more than one person for the same offence, if a confession is made by one of them affecting himself and others, the court may take into consideration such confession against him and others. Corroboration is not necessary in law and the court may act on a confession alone if fully satisfied after considering all material facts and surrounding circumstances that the confession cannot but be true.

Legislation cited (17)

Cases cited (27)

  • Woolmington v Director of Public Prosecutions (1935) AC 462
  • Miller v Minister of Pensions [1947] 2 All ER 373
  • Lubogo v Uganda [1967] EA 440
  • Tukahirwa and Another v Uganda (Supreme Court Criminal Appeal No. 5 of 1988)
  • Thiaka v Republic [2006] EA 362
  • Uganda v Okello [1992] HCB 688
  • Gusambizi Wesonga v R (1948) 15 EACA 65
  • Bukenya and Others v Uganda [1972] 1 EA 549
  • Mugao and Another v Republic [1972] 1 EA 543
  • Mbugua v Republic [2000] 1 EA 150
  • Ogwang v Uganda [1999] 2 EA
  • Difasi Magayi and Others v Uganda [1965] 1 EA 667
  • R v Tubere (1945) 12 EACA 63
  • Uganda v Komakech Tony alias Mano and 2 Others (High Court Criminal Session No. 131 of 2014)
  • Kato v Uganda [2002] 1 EA 101
  • Wamalwa and Another v Republic [1999] 2 EA 358
  • Sekitoleko v Uganda [1967] EA 531
  • Festo Androa Asenwa and Another v Uganda (Supreme Court Appeal No. 1 of 1988)
  • Tuwamoi v Uganda [1967] EA 84
  • Antonio Ruhweza v Uganda (Criminal Appeal No. 7 of 2001)
  • Chemonges Fred v Uganda (Supreme Court Criminal Appeal No. 12 of 2001)
  • Lawrence Mwayi and Others v Uganda (Criminal Appeal No. 162 of 2001)
  • Difasi Magayi and Others v Uganda [1965] 1 EA 667
  • Isingoma v Uganda [1986-89] 1 EA 155
  • Opoya v Uganda [1967] 1 EA 752
  • Andrea Obonyo and Others v Republic [1967] EA 542
  • Birikadde v Uganda [1986] HCB 6

Full judgment

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

Uganda v R.o Captian Bumali Mangeni alias Akeem and 2 Others (Criminal Session 451 of 2017) [2021] UGHCCRD 5 (17 May 2021)
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.