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Uganda v Sserwadda Mike and Others [2026] UGHCICD 5

High Court · 2026 Charges Confirmed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Pre-trial hearing and confirmation of charges before the International Crimes Division following committal for trial
Decision
All charges confirmed; the five accused persons committed and forwarded for trial before the International Crimes Division

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

At a pre-trial confirmation hearing before the International Crimes Division, where domestic law is silent, the court applies the Rome Statute article 61(5) and (7) threshold: the prosecution must support each charge with sufficient evidence establishing substantial grounds — strong, concrete and tangible grounds — to believe the accused committed the crime, relying on documentary or summary evidence without calling witnesses. A pre-trial court has no mandate to test the credibility of confessions or the manner of their procurement; that is for the trial judge or panel. Redacted and summary disclosures authorised under Rule 22 of the ICD Rules may be relied upon. The court found the threshold met and confirmed the terrorism count, the alternative murder and attempted murder counts, and the aiding and abetting terrorism count against A4.

Outcome

All charges confirmed; the five accused persons committed and forwarded for trial before the International Crimes Division

Facts

Between January and August 2021 the greater Masaka area experienced a series of indiscriminate murders, robberies and violent attacks that caused widespread fear. On the night of 23 August 2021 assailants attacked Ssettaala and Senya villages in Masaka District, hacking people on the head. On 24 August 2021 Mugerwa Kizza Francis, Kakooza Sulaiman and Kiyimba Tadeo were found dead, while Sebyoto Ronald survived with head injuries. Post-mortem reports attributed the deaths to severe open head injuries; a medical report showed the survivor sustained a lacerated scalp wound caused by a blunt metal rod. Investigations led to the arrest of A1, who in plain, charge and caution and extra-judicial statements admitted participating and implicated A2, A3, A4, A5 and the late Hon. Ssegirinya Muhammed. The disclosed statements described planning meetings at Ndeeba near Kabaka's Lake and Happy Boys Restaurant on Entebbe Road, convened by A4 and Hon. Ssegirinya, where participants were instructed to kill people in Masaka to create insecurity and discredit the Government following the 2021 general elections, and were promised UGX 5,000,000 each but paid UGX 400,000, plus UGX 50,000–100,000 as transport. A1 later led police to the crime scenes and meeting places.

Issues

  1. Whether the International Crimes Division of the High Court has jurisdiction to try charges brought under the Anti-Terrorism Act, Cap. 120.
  2. What evidential burden and standard of proof apply at a pre-trial confirmation of charges hearing before the International Crimes Division.
  3. Whether there is sufficient evidence to establish substantial grounds to believe that each of the accused persons committed each of the crimes charged, namely terrorism, murder, attempted murder and aiding and abetting terrorism.
  4. Whether a pre-trial court may test the credibility of, or the manner of obtaining, confession statements relied on by the prosecution.
  5. Whether redacted and summary witness disclosures may be relied upon at the confirmation of charges stage.

Orders

  • Charges in Count 1, and the alternative counts thereunder, are confirmed against Sserwadda Mike (A1), Wamala Bulo (A2), Mugera John (A3), Hon. Allan Ssewanyana Aloysious (A4) and Kanyike Jackson (A5).
  • Charges in Count 2 (aiding and abetting terrorism) are confirmed against Hon. Allan Ssewanyana Aloysious (A4).
  • A1, A2, A3, A4 and A5 are forwarded for trial on the confirmed charges.

Rules and key headnotes

Criminal Procedure — International Crimes Division — Jurisdiction over Terrorism Charges
Under clause 6(1) of the High Court (International Crimes Division) Practice Directions, 2011, the International Crimes Division may try any offence relating to genocide, crimes against humanity, war crimes, terrorism, human trafficking, piracy and any other international crime under any penal enactment, and therefore has jurisdiction over charges brought under the Anti-Terrorism Act, Cap. 120.
Criminal Procedure — Pre-Trial Confirmation of Charges — Standard of Proof
Ugandan law does not prescribe the evidential burden or standard of proof at a pre-trial confirmation hearing before the International Crimes Division, and the court therefore adopts the Rome Statute article 61(5) and (7) threshold requiring the prosecution to support each charge with sufficient evidence establishing substantial grounds to believe that the accused committed the crime charged.
Evidence — Standard of 'Substantial Grounds to Believe' — Holistic Assessment of Disclosed Evidence
'Substantial grounds to believe' means strong grounds for believing, and the evidence must be strong, concrete and tangible in drawing a clear line of reasoning linking each accused to the specific allegations, with the prosecution's evidence being analysed and assessed as a whole.
Evidence — Confessions — Admissibility and Credibility Not Determinable at Pre-Trial
A pre-trial court conducting confirmation of charges lacks the mandate to test the credibility of confession statements or the propriety of the process by which they were obtained; that function belongs to the trial judge or trial panel.
Criminal Procedure — Disclosure — Redacted and Summary Witness Statements
Redacted and summary witness disclosures authorised by court order under Rule 22 of the Judicature (High Court) (International Crimes Division) Rules, 2016 for witness protection may be relied upon to confirm charges, subject to full disclosure of witness identities and evidence before commencement of trial.
Criminal Law — Terrorism — Elements under Anti-Terrorism Act s.6(3)(b)
The offence of terrorism under section 6(3)(b) of the Anti-Terrorism Act, Cap. 120 requires proof of murder or attempted murder committed for the purpose of influencing the Government or intimidating the public or a section of the public, for a political, religious, social or economic aim, carried out indiscriminately without due regard to the safety of others or property, with the accused being directly involved or complicit.
Criminal Law — Aiding and Abetting Terrorism — Financier as Principal Offender
A person who convenes planning meetings, gives instructions and provides finance for attacks intended to instil fear and discredit the Government may be treated as a principal offender under section 19 of the Penal Code Act and additionally charged with aiding and abetting terrorism under section 7 of the Anti-Terrorism Act, Cap. 120.

Legislation cited (17)

Cases cited (10)

  • Woolmington versus DPP [1935] AC 162
  • Miller versus Minister of Pensions [1947] 2 ALL ER 32n
  • Uganda v Mirio Rwigambwa (Criminal Session Case No. 0006 of 2021)
  • Uganda v Nsungwa Rose Karamogi (Criminal Session Case No. 0007 of 2021)
  • Mamatkulov and Askarov versus Turkey of 4th February 2005 (Applications Nos. 46827/99 and 46951/99)
  • Soering versus United Kingdom, Application No. 14038/88 (ECHR)
  • The Prosecutor versus Thomas Lubanga Dyilo, ICC-01/04/06-803-TEN 11-05-2007 1/15
  • Prosecutor versus Bosco Ntaganda ICC-01/04-02/06 at page 5
  • The Prosecutor versus Germain Katonga and Mathieu Ngudjolo Chui ICC-01/04-01/07 at page 23
  • Bogere Moses and Another v Uganda (Criminal Appeal No. 1 of 1997)

Full judgment

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Uganda v Sserwadda Mike and Others [2026] UGHCICD 5 (27 April 2026)
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.