Wakilii

Uganda v Thembo (HCT-00-ICD-CR-SC 11 of 2018)

High Court · [2024] UGHCICD 8 · 2024 Charges Confirmed — Referred for Trial AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Pre-trial confirmation of charges hearing in the International Crimes Division
Decision
Accused referred for trial on confirmed charges of treason, misprision of treason (alternative count), and terrorism

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court confirmed all three charges against Thembo Kitsumbire, former Prime Minister of the Obusinga Bwa Rwenzururu kingdom: treason, misprision of treason (as an alternative count), and terrorism. The court held that the prosecution disclosed sufficient evidence to establish substantial grounds to believe that the Accused participated in and attended planning meetings in furtherance of treason, aided the king's treasonable utterances by convening the meeting, knew of the king's intention to commit treason but failed to report it, and was complicit in terrorist acts committed by the kingdom's Royal Guards. The Accused was referred for trial on the confirmed charges.

Outcome

Accused referred for trial on confirmed charges of treason, misprision of treason (alternative count), and terrorism

Facts

Thembo Kitsumbire was Prime Minister of the Obusinga Bwa Rwenzururu kingdom under King Charles Wesley Mumbere. In 2014, following the Bamba's defection to form their own kingdom, the king embarked on massive recruitment of a youth militia known as Royal Guards to create an independent Yiira State by force. Between March and November 2016, these Royal Guards, armed with guns, pangas, IEDs and other weapons, launched systematic attacks on police stations and government installations across Kasese and Kabarole Districts, killing numerous police officers and civilians, kidnapping and torturing opponents, and robbing firearms. The Accused, as Prime Minister, convened meetings where the king made treasonable utterances calling for armed insurrection, urged youth to join the Royal Guards, and solicited financial support for the rebellion. The king and 215 others admitted culpability and were granted amnesty. The Accused alone denied culpability and faced this confirmation of charges hearing.

Issues

  1. Whether there is sufficient evidence to establish substantial grounds to believe that the Accused committed treason contrary to Section 23(1)(a), (c) and (d) of the Penal Code Act.
  2. Whether there is sufficient evidence to establish substantial grounds to believe that the Accused committed misprision of treason contrary to Section 25 of the Penal Code Act.
  3. Whether there is sufficient evidence to establish substantial grounds to believe that the Accused committed terrorism contrary to Section 7(1)(a) and (2)(b) of the Anti-Terrorism Act 2002.
  4. Whether the Accused, as Prime Minister of Obusinga Bwa Rwenzururu, aided and abetted or was complicit in the offences charged by convening planning meetings and failing to report treasonable activities.

Orders

  • Charges in Counts 1 (Treason) and 3 (Terrorism) are confirmed against the Accused, Thembo Kitsumbire.
  • Charges in Count 2 (Misprision of Treason) are confirmed against the Accused but shall be preferred as an alternative to Count 1.
  • The Prosecution is directed to make the necessary amendment to the Indictment.
  • The Accused person is referred for trial on the confirmed charges.

Rules and key headnotes

Treason — Aiding and Abetting — Convening Planning Meetings — Principal Offender
A person who convenes a planning meeting at which treasonable utterances are made by another, knowing the treasonable purpose of the meeting, aids that person within the meaning of Section 19 of the Penal Code Act and is equally culpable as a principal offender in the crime of treason.
Treason — Common Intention — Co-Accused Admissions — Prime Minister Liability
Where a Prime Minister of a kingdom is charged with the king and others for treason, and the king and other co-accused admit culpability and are granted amnesty, the Prime Minister who denies culpability cannot dissociate himself from the actions of the kingdom and is deemed to have had common intention with those who admitted guilt within the meaning of Section 20 of the Penal Code Act, unless he reported the treasonable activities to the authorities.
Misprision of Treason — Knowledge of Intention — Duty to Report — Prime Minister
A Prime Minister of a kingdom who knows that the king and kingdom loyalists intend to commit treason by overthrowing the government by force, and who fails to report this knowledge to the Minister, an administrative officer, a magistrate, or a police officer, or to use reasonable endeavours to prevent the commission of treason, commits the offence of misprision of treason contrary to Section 25 of the Penal Code Act.
Terrorism — Complicity — Prime Minister — Aiding through Inaction and Advocacy
A Prime Minister who organizes meetings urging youth to support armed Royal Guards, knowing those guards are committing terrorist acts including murder and attacks on government installations, and whose office is guarded by the same Royal Guards and from which weapons are recovered, is complicit in terrorism within the meaning of Section 7 of the Anti-Terrorism Act 2002 and is liable as a principal offender under Section 19 of the Penal Code Act.
International Crimes Division — Pre-Trial Confirmation of Charges — Standard of Proof
At the pre-trial confirmation of charges stage in the International Crimes Division, the prosecution must present sufficient evidence to establish substantial grounds to believe that the accused committed each crime charged. The standard of 'substantial grounds to believe' means 'strong grounds for believing', requiring evidence that is concrete and tangible in demonstrating a clear line of reasoning connecting the accused to the specific allegations, assessed as a whole.
Misprision of Treason — Relationship to Treason — Alternative Count
Misprision of treason, being a minor and cognate offence to treason, should be preferred as an alternative count rather than as a separate count when an accused is charged with both offences arising from the same facts.
Terrorism — Elements — Indiscriminate Attacks — Intent to Intimidate — Political Aim
The offence of terrorism under Section 7(2)(b) of the Anti-Terrorism Act 2002 requires proof that attacks, murders or kidnappings were carried out for purposes of influencing government or intimidating the public or a section of the public, for a political, religious, social or economic aim, and indiscriminately without due regard to the safety of others or property.

Legislation cited (18)

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-0006-2021)
  • Uganda v Nsungwa Rose Karamagi (HCT-00-ICD-SC-0007-2021)
  • Mamatkulov and Askarov v Turkey (Applications Nos. 46827/99 and 46951/99) (4 February 2005)
  • Soering v United Kingdom (Application No. 14038/88) (ECHR)
  • Prosecutor v Thomas Lubanga Dyilo (ICC-01/04/06-803-TEN) (14 May 2007)
  • Prosecutor v Bosco Ntaganda (ICC-01/04-02/06)
  • Prosecutor v Germain Katonga and Mathien Ngudjolo Chui (ICC-01/04-01/07)
  • Uganda v Okot and 12 Others (Criminal Session Case No. 0477 of 2010) [2012] UGHC 97
  • Sgt Baluku Samuel and PC Walusa Joshua v Uganda (Criminal Appeal No. 21 of 2014)

Full judgment

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

Uganda v Thembo (HCT-00-ICD-CR-SC 11 of 2018) [2024] UGHCICD 8 (7 May 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.