Nakawa Grade One magistrate Noah Sajjabi yesterday committed Matthew Kanyamunyu, his brother Joseph and girlfriend Cynthia Munwangari to the High court for trial for allegedly murdering Kenneth Akena Watmon, a child rights activist.
DERRICK KIYONGA reports on the summary of the case as put together by the director of public prosecutions (DPP) to pin the three suspects.
When the Akena murder trial starts, the DPP will tell court that on November 12, 2016, Matthew and Joseph Kanyamunyu, Cynthia Munwangari, and other accomplices still at large,“with malice aforethought caused the death of Kenneth Akena” on the Kampala-Jinja highway, near Malik Car Bond, opposite Uganda Manufacturers Association offices, in Nakawa division.
On the fateful day, Akena reportedly parked his motor vehicle along Kyadondo Rugby grounds on Jinja road waiting for his brothers. Later, while reversing his car, Akena rammed into Matthew’s vehicle which was being driven by Munwangari, his lover.
“On realizing that he [Akena] had knocked someone’s car,” the DPP says, “the victim [Akena] got out of his car to meet and apologize to the owners of the car he had knocked.”
The DPP says that when Akena tried to approach Matthew’s car, the key suspect who was seated in the co-driver’s seat got out carrying a pistol. That Matthew and Munwangari plus the victim were seen by bystanders arguing. Shortly after, Matthew shot Akena who started crying for help.
Matthew, with the help of Munwangari, carried Akena into their car and took him to a private clinic where Matthew is a known patient for a long time.
“At the clinic the medical team informed them [Munwangari and Matthew] that the victim’s condition required immediate surgery,” the DPP says, adding that “when the medical personnel asked accused one [Matthew] the identity of the victim and who had shot him, accused one declined to answer. This made the doctor suspicious but nevertheless decided to refer the victim to Nakasero hospital for appropriate treatment.”
At Nakasero hospital, the DPP says Akena was received by the medical personnel on duty who carried the victim out of Matthew’s car to the treatment room and examined him. The hospital staff, according to the summary of the case, asked to know what happened to Akena but Matthew still declined to answer.
“When asked why they have not reported the matter to police, Accused one [Matthew] said that he couldn’t find any police to report to….”
DYING DECLARATION
The DPP says when the medical staff asked the victim his name, he said he was, “Akena Kenneth.”
When the medical staff asked what had happened to him, according to the DPP, Akena said, “I was shot”. They followed this up by asking Akena who had shot him and he answered, “The people who brought me, I scratched their car and the man wearing spectacles shot me using his pistol gun.”
The DPP says that when Akena’s elder brother, arrived he [Akena] was being prepared for surgery, the deceased repeated the same statement “that the man who had brought him to the hospital was the one who shot at him and he [Akena] was now going to die.”
EVIDENCE
The DPP said a police search of the house rented by Matthew and Munwangari recovered Matthew’s shirt stained with blood. That the shirt was sent to the government analytical laboratory for analysis.
The lab report, the DPP says, will be tendered as evidence during the High court trial. Matthew’s car, the DPP says, was also subjected to forensic analysis at the government analytical laboratory.
“Matthew’s trouser plus the bullet that was recovered from the body of the deceased were also taken to the government analytical laboratory for examination.
The report and the findings of the experts shall also be relied on at the trial as well,” DPP says. It’s also the DPP’s contention that a search at the firearms registry established that Matthew had never been authorized to own a firearm and was in illegal possession of the firearm.
Besides, facing the charge of murder, Joseph will contend with the charge of being an “accessory after the fact.” The DPP will argue that at Nakasero hospital, having learnt that Matthew Kanyamunyu had killed Kenneth Akena, Joseph Kanyamunyu tried to hide the killer gun.
dkiyonga@observer.ug