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Uganda v Zelenze Mohamed Alias Medi and Another (Criminal Session Case No. 465 of 2024)

High Court · [2026] UGHC 318 · 2026 Conviction for Minor Offence (Abduction) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for aggravated trafficking in children
Decision
A2 convicted of abduction on all ten counts and sentenced to 12 years 6 months 6 days imprisonment after deducting remand time; A1 acquitted and discharged

Observed later treatment

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Holding

The court convicted the second accused of ten counts of abduction under s.113(b) of the Penal Code Act, being a minor and cognate offence to the charged offence of aggravated trafficking in children. The prosecution proved that the accused recruited and transported ten children aged 12-15 years out of the custody of their parents by deception, but failed to prove the element of sexual exploitation. The first accused was acquitted as the prosecution failed to prove his participation. The second accused was sentenced to 15 years' imprisonment (18 months per count, consecutive), reduced to 12 years 6 months after deducting remand time.

Outcome

A2 convicted of abduction on all ten counts and sentenced to 12 years 6 months 6 days imprisonment after deducting remand time; A1 acquitted and discharged

Facts

On 17 August 2023, ten children aged 12-15 years from Muyembe Boys Primary School in Bulambuli District travelled to Mbale City after being contacted by A2 (Segujja Kabibu Alias Musawo Paul), their music, dance and drama trainer. A2 told the children through one of them (Mesach) that they were needed to train kadodi dance at another school in Mbale. The children travelled individually using their own money. Upon arrival in Mbale, A2's phone was off and they could not locate him. The children called A1 (Zelenze Mohamed Alias Medi), their other trainer who lived in Mbale, for assistance. A1 met the children and was attempting to arrange transport for them to return home when police arrived, arrested A1, and took the children to the police station. The head teacher testified he had no knowledge of any such program and that pupils would not travel without a teacher. A2 denied the allegations and claimed he was in Ngora hospital nursing his sick child on the day in question.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the victims were below 18 years of age.
  2. Whether the prosecution proved beyond reasonable doubt the act of recruiting, transporting, transferring, harbouring, or receiving the victims.
  3. Whether the prosecution proved beyond reasonable doubt the means of abduction, deception or abuse of position of vulnerability.
  4. Whether the prosecution proved beyond reasonable doubt the purpose of sexual exploitation of the victims.
  5. Whether the prosecution proved beyond reasonable doubt the participation of the accused persons in the alleged offences.

Orders

  • A2 (Segujja Kabibu Alias Musawo Paul) found guilty of abduction in Counts 1-10 and convicted.
  • A1 (Zelenze Mohamed Alias Medi) found not guilty and acquitted.
  • A1 set free forthwith.
  • A2 sentenced to 18 months' imprisonment on each count, to run consecutively, totalling 15 years.
  • Period of 2 years, 5 months and 24 days spent on remand deducted from sentence.
  • A2 to serve 12 years, 6 months and 6 days from date of conviction.
  • Right of appeal to the Court of Appeal within 14 days from date of judgment and sentence.

Rules and key headnotes

Burden and Standard of Proof — Presumption of Innocence — Proof Beyond Reasonable Doubt
In criminal cases, an accused person is presumed innocent until proven guilty, and the burden of proving each and every ingredient of an offence is always on the prosecution and never shifts onto the accused. The accused person is only convicted on the strength of the prosecution case and not because of weaknesses in his defence. Each essential ingredient of the alleged offence must be proved beyond reasonable doubt, which standard is satisfied once any evidence suggesting the innocence of the accused, at its best, only creates a mere fanciful possibility but not any probability that the accused is innocent.
Trafficking in Persons — Aggravated Trafficking in Children — Elements of Offence
Under the Prevention of Trafficking in Persons Act, the acts of recruitment, transportation, transfer, harbouring, or receipt of a child for the purpose of exploitation shall be sufficient to constitute the act of trafficking in persons even if any of the means specified under section 2(1) of the Act (threat, coercion, abduction, fraud, deception, abuse of power or position of vulnerability) was not involved. The consent of the victim or, if a child, the consent of the child's parents or guardians to the acts of exploitation is not relevant.
Trafficking in Persons — Purpose of Exploitation — Failure of Proof — Conviction for Minor and Cognate Offence
Where the prosecution fails to prove the element of purpose of exploitation required for a trafficking in persons offence but proves the other ingredients, the court may convict the accused of a minor and cognate offence. Where the prosecution proves that persons under the age of 18 years were unlawfully taken out of the custody of their parents or persons having lawful care of them, but fails to prove the purpose of sexual exploitation, the offence proved is abduction under section 113(b) of the Penal Code Act.
Defence of Alibi — Burden of Proof — Disproof by Identification Evidence
Once an accused person puts up a defence of alibi, it is the duty of the prosecution to adduce cogent evidence to disprove the alibi by placing the accused at the scene of crime. A defence of alibi may be disproved either by the prosecution investigating its genuineness or by the prosecution adducing cogent evidence which places the accused at the scene of crime. Where the offence involves communication by telephone and the victims positively identify the accused as the person they spoke with, the accused's physical whereabouts become irrelevant and the alibi is rendered irrelevant and disproved by the prosecution evidence.
Sentencing — Abduction — Aggravating and Mitigating Factors — Consecutive Sentences
In sentencing for multiple counts of abduction of children, the court must consider aggravating factors including the age and vulnerability of the victims, premeditation, abuse of a position of trust, psychological trauma suffered by the victims, and the prevalence of the offence. Mitigating factors include the convict being a first-time offender, youth and capacity for reform, family responsibilities, and time spent on remand which must be deducted from the sentence. Where multiple victims are involved, consecutive sentences may be imposed on each count.

Legislation cited (8)

Cases cited (7)

  • Woolmington v DPP [1935] AC 462
  • Ssekitoleko v Uganda (1967) EA 531
  • Miller v Minister for Pensions [1947] 2 All ER 372
  • Uganda v Oryem Bosco (Criminal Case No. 116 of 2009)
  • Uganda v Dusman Sabuni (1978) HCB 1
  • Androa Asenua and Another v Uganda (Criminal Appeal No. 1 of 1998)
  • Aharikundira Yustina v Uganda (Criminal Appeal No. 27 of 2015)

Full judgment

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

Uganda v Zelenze Mohamed Alias Medi and Another (Criminal Session Case No. 465 of 2024) [2026] UGHC 318 (27 March 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.