Uganda v Salango Mwamje Isa [2026] UGHC 647
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court convicted the accused of rape after finding that the prosecution proved beyond reasonable doubt that he had unlawful carnal knowledge of the victim without her consent. The court accepted the victim's testimony that the accused, a traditional healer, took her for cleansing and forcibly had sexual intercourse with her. Medical evidence supported sexual activity. The accused was sentenced to 10 years imprisonment, reduced to 7 years, 3 months and 25 days after deducting time spent on remand.
Outcome
Accused convicted of rape and sentenced to effective imprisonment of 7 years, 3 months and 25 days after deduction of remand period
Facts
The victim, Nalubega Brenda, fell ill in 2022 and the accused, a traditional healer, was called to treat her. On 7 March 2022 at Kikukumbi village in Kalungu District, the accused advised that the victim be taken to Kikukumbi where he was treating people at Nakasaka's home. At 1:00 am, he sent the victim's mother and grandmother to collect river water. The accused told the victim they needed to go for cleansing. He took her beside a pit-latrine, touched her private parts, and told her that something had entered her body and that he needed to have sexual intercourse with her for it to come out. He warned her not to tell her parents and forcibly had sexual intercourse with her. They returned to the living room afterwards. The victim later disclosed the rape to Nakabazi, and the matter was reported to police. Medical examination revealed findings consistent with sexual activity.
Issues
- Whether the prosecution proved the offence of rape beyond reasonable doubt.
- Whether the accused performed the sexual act on the victim without her consent.
- What sentence is appropriate given the convict's age and circumstances.
Orders
- Accused found guilty of rape and convicted accordingly.
- Accused sentenced to 10 years imprisonment.
- Period of 4 years, 6 months and 16 days spent on remand deducted from sentence.
- Accused to serve 7 years, 3 months and 25 days imprisonment with effect from 21 May 2026.
- Accused advised of right of appeal within fourteen days.
Rules and key headnotes
Legislation cited (4)
- Penal Code Act Cap 128 s.110
- Penal Code Act Cap 128 s.111
- Constitution of Uganda Article 23(8)
- Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013 Regulation 15(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.