Wakilii

Uganda v Sserubula & 7 Others (HCT-00-ICD-CR-SC 3 of 2022)

High Court · [2024] UGHCICD 7 · 2024 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Pre-trial hearing and confirmation of charges in the International Crimes Division following committal for trial
Decision
Six accused persons (A3, A4, A5, A6, A7, A8) committed for trial on confirmed charges; two accused persons (A1, A2) discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: the court confirmed charges of terrorism, murder, attempted murder, aggravated robbery, rendering support to a terrorist organisation, terrorist financing, and belonging to a terrorist organisation against six of the eight accused persons (A3–A8), finding substantial grounds to believe they participated in a series of ADF-orchestrated attacks in Uganda between 2017 and 2021. Charges against A1 and A2 were dismissed for insufficient evidence linking them to the offences. The court rejected preliminary objections on misjoinder, non-existing offences, and duplicity, holding that the offences formed a series of the same or similar character connected by a terrorist motive.

Outcome

Six accused persons (A3, A4, A5, A6, A7, A8) committed for trial on confirmed charges; two accused persons (A1, A2) discharged

Facts

Between 2017 and 2021, a series of armed attacks and robberies occurred in Kampala and surrounding areas. On 16 September 2017, gunmen attacked a Denovo Bakery outlet in Kalerwe, killing three persons including two police officers and stealing UGX 37.3 million. On 27 April 2019, armed men attacked City Shoppers Supermarket in Kanyanya, killing a security guard and robbing over UGX 6.7 million. On 29 May 2019, assailants on motorcycles attacked Cheap General Hardware in Nansana, killing four persons and stealing UGX 106.6 million. On 1 June 2021, gunmen attacked General Edward Katumba Wamala's vehicle in Kisaasi, killing his daughter and driver and injuring the General and a bystander. Following investigations after the Katumba Wamala attack, police arrested eight accused persons, some of whom confessed to participating in the attacks and implicated co-accused. Ballistics reports showed the same firearms were used in all four attacks. Evidence suggested the accused were recruited by a leader known as "Master" (Lubwama Hussein), underwent training in the use of weapons and Islamic doctrine, and were members of the Allied Democratic Forces (ADF), a proscribed terrorist organisation operating from the Democratic Republic of Congo.

Issues

  1. Whether there was misjoinder of counts contrary to Section 23(1) of the Trial On Indictments Act
  2. Whether the charges were brought under non-existing offences
  3. Whether there was duplicity in count 5 of the indictment
  4. Whether there is sufficient evidence to establish substantial grounds to believe that the accused persons committed each of the crimes they are charged with

Orders

  • Charges in Counts 1 and the alternative counts thereunder, 2, 3, 4, 5, 6, 7 and 8 confirmed against Kagugube Muhammad alias Musiramu alias Mugisha alias Mukisa alias Mbavumoya (A3), Walusimbi Kamada alias Mudinka (A4), Kisambira Silman Ayuub alias Sirimani alias Mukwasi alias Koja (A5), Abdulaziz Ramathan Dunku (A6), Habib Ramathan Marjan (A7) and Wampa Muzaifa alias Kanaabe (A8)
  • A3, A4, A5, A6, A7 and A8 forwarded for trial on the confirmed charges
  • None of the counts confirmed against Sserubula Hussein Ismael alias Imamu Muto (A1) and Nyanzi Yusuf alias Sentamu (A2) and all charges dismissed against them
  • Sserubula Hussein Ismael alias Imamu Muto (A1) and Nyanzi Yusuf alias Sentamu (A2) discharged unless held on other lawful charges
  • Prosecution directed to effect the necessary amendments to the Indictment before the commencement of the trial

Rules and key headnotes

Terrorism — Indiscriminate Attack — Requirement
For an attack to be indiscriminate under Section 7(2)(b) of the Anti-Terrorism Act 2002, it must be carried out without due regard to the safety of others or property; the attack need not occur in any particular type of public place but must be characterized by random violence resulting in deaths, injuries, and destruction of property.
Terrorism — Elements of the Offence
A person commits terrorism under Section 7(1) and (2)(b) of the Anti-Terrorism Act 2002 where: (a) murders or attempted murders occurred; (b) the acts were committed for purposes of influencing government or intimidating the public or a section of the public; (c) the acts were for a religious, political, social or economic aim; (d) the acts were committed indiscriminately without due regard to the safety of others or property; and (e) the accused persons were directly involved or complicit in the murders or attempted murders.
Joinder of Counts — Series of Offences of Same or Similar Character
Under Section 23(1) of the Trial on Indictments Act, offences may be charged together in the same indictment if they are founded on the same facts or form part of a series of offences of the same or similar character; offences committed at different times and in different places may properly be joined where they are connected by a common thread such as a motive of terrorism.
Aggravated Robbery — Duplicity — Use of Deadly Weapon and Causing Death
Indicating both the use of a deadly weapon and causing death in the particulars of aggravated robbery under Section 286(2) of the Penal Code Act does not amount to duplicity; both elements are factors that aggravate the offence of robbery and stating both emphasizes the gravity of the offence.
Common Intention — Participation — Doctrine of Joint Enterprise
Under Section 20 of the Penal Code Act, all persons who share a common intention to pursue a specific unlawful purpose which leads to the commission of an offence are equally culpable as principal offenders; common intention may be proved by drawing inferences from the surrounding circumstances including presence, actions, and failure to dissociate oneself from the unlawful enterprise; persons who keep killer weapons or vehicles after the attack or who conduct surveillance before the attack are equally culpable as those who execute the attack.
Pre-Trial Hearing — Standard of Proof — Substantial Grounds to Believe
At a pre-trial confirmation hearing under the International Crimes Division Rules, the prosecution must establish substantial grounds to believe that the accused committed each crime charged, meaning strong and concrete grounds drawing a clear line of reasoning underpinning the accused to the specific allegations; evidence must be analyzed and assessed as a whole; the standard is lower than proof beyond reasonable doubt required at trial.
Pre-Trial Hearing — Admissibility of Charge and Caution Statements
A pre-trial court conducting a confirmation hearing is not clothed with the mandate to assess the admissibility of charge and caution statements challenged as involuntary or obtained in violation of constitutional rights; such assessment requires a trial within a trial and may only be conducted by the trial judge or trial panel if charges are confirmed.

Legislation cited (26)

Cases cited (11)

  • Woolmington v DPP [1935] AC 462
  • Miller v Minister of Pensions [1947] 2 ALL ER 327
  • Uganda v Miria Rwigambwa (HCT-00-ICD-SC-0006 of 2021)
  • Uganda v Nsungwa Rose Karamagi (HCT-00-ICD-SC-0007 of 2021)
  • Mamatkulov and Askarov v Turkey (Applications Nos. 46827/99 and 46951/99)
  • Soering v United Kingdom (Application No. 14038/88)
  • Prosecutor v Thomas Lubanga Dyilo (ICC-01/04/06)
  • Prosecutor v Bosco Ntaganda (ICC-01/04-02/06)
  • Prosecutor v Katanga and Ngudjolo (ICC-01/04-01/07)
  • Uganda v Hussein Agade and 12 Others (Criminal Session Case No. 0001 of 2010)
  • PC Ismail Kisegerwa and Another v Uganda (Criminal Appeal No. 6 of 1978)

Full judgment

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

Uganda v Sserubula & 7 Others (HCT-00-ICD-CR-SC 3 of 2022) [2024] UGHCICD 7 (18 March 2024)
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.