Wakilii

Uganda v Sentongo and Another (Criminal Session Case 227 of 2018)

High Court · [2022] UGHCCRD 124 · 2022 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for murder and aggravated trafficking in persons
Decision
Both accused persons convicted on two counts: murder and aggravated trafficking in persons

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted both accused persons of murder and aggravated trafficking in persons. The court found that the first accused instructed a 14-year-old witness to transport a five-month-old baby from Wakiso to Mukono district, where the child was killed using herbs and a spear in circumstances consistent with ritual exploitation. The second accused participated by receiving the child and being present during the killing. The court rejected the defence of alibi and found that alleged grudges did not undermine the credibility of the prosecution's key witness.

Outcome

Both accused persons convicted on two counts: murder and aggravated trafficking in persons

Facts

On 27 January 2018, Chelimo Susan left her five-month-old daughter, Nakaye Swaira, at home in Kiwologoma, Wakiso district, to collect mosquito nets. Upon return, the child was missing. The first accused, Sentongo Lawrence, had instructed his niece, Nantongo Prossy (then 14 years old), to take the baby to his home in Wabikokoma, Mukono district. Nantongo handed the child to the second accused, Namuganza Deziranta, who is Sentongo's wife. The child was administered herbs by a woman who works in a shrine, placed on a spear, and killed. The body was dumped in a guava plantation. The mother traced the child to Wabikokoma but was told the child had not been seen. The next morning, the baby's body was discovered with six cuts on the neck. Both accused persons denied the charges and claimed they had reported the child's disappearance to police. They alleged the prosecution witness was motivated by a family grudge.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the accused persons murdered Nakaye Swaira.
  2. Whether the prosecution proved beyond reasonable doubt that the accused persons committed aggravated trafficking in persons by abducting a child for purposes of exploitation.
  3. Whether the testimony of the child witness (PW1) was credible and reliable despite alleged inconsistencies and a claimed grudge motive.
  4. Whether the accused persons' alibis raised reasonable doubt as to their participation in the offences.

Orders

  • Both accused persons found guilty of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Both accused persons found guilty of aggravated trafficking in persons contrary to section 3(1)(a) and 4(a)(j) of the Prevention of Trafficking in Persons Act 2009.
  • Both accused persons convicted on both counts.

Rules and key headnotes

Murder — Elements — Malice Aforethought — Inference from Circumstances
Malice aforethought is not easily proved by direct evidence but can be inferred from the type of weapon used, the nature of the injuries inflicted, the part of the body affected, and the conduct of the attacker.
Burden of Proof — Alibi — Duty of Prosecution
Where an accused person sets up an alibi, they assume no duty of proving it. The onus remains on the prosecution to prove to the required standard that the accused was at the scene of the crime.
Witness Credibility — Child Witnesses — Inconsistencies — Trauma and Lapse of Time
Minor inconsistencies in the testimony of a traumatised child witness testifying four years after the event do not necessarily indicate deliberate falsehood. The deciding factor is whether the contradictions are major and go to the root of the matter, indicating deliberate lies.
Corroboration — Former Statements — Section 156 Evidence Act
In order to corroborate the testimony of a witness, any former statement made by the witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
Trafficking in Persons — Abduction — Definition and Elements
Abduction for purposes of the Prevention of Trafficking in Persons Act includes the act of leading someone away by force or fraudulent persuasion, or seizing and taking away a person without consent.
Trafficking in Persons — Exploitation — Human Sacrifice and Ritual Use
Exploitation under section 2 of the Prevention of Trafficking in Persons Act includes the use of the victim for human sacrifice, witchcraft, or rituals. Where a child is killed using herbs and a spear in circumstances consistent with ritual practices, the element of exploitation is established.

Legislation cited (7)

Cases cited (5)

  • Okethi Okale v R (1965) EA 555
  • Gusambizi s/o Wesonga & others v R (1948) 15 EACA 63
  • Amisi Katalikawe & 2 others v Uganda (Supreme Court Criminal Appeal No. 17 of 1994)
  • Moses Bogere and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)
  • Shokatali Abdulla Dhalla v Sadrudin Meralli (Supreme Court Civil Appeal No. 32 of 1994)

Full judgment

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

Uganda v Sentongo and Another (Criminal Session Case 227 of 2018) [2022] UGHCCRD 124 (1 May 2022)
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.