The Supreme court has failed to proceed with the hearing of an appeal filed by two convicts in the murder of former Kampala businessman Eria Ssebunya Bugembe, popularly known as Kasiwukira.
The five-judge panel, led by Prof. Lillian Tibatemwa Ekirikubinza, was informed that the hearing could not take place because prison authorities were unable to transfer one of the appellants, police constable Jaden Ashiraf, from Bugungu prison to Luzira prison.
The other justices; Mike Chibita, Stephen Musota, Monica Mugenyi, and Percy Night Tuhaise attended the session virtually. On Thursday, assistant superintendent of prisons Timothy Tamale told the court that due to security concerns and staff shortages, authorities could not execute Jaden’s transfer.
He requested at least one week to devise a security plan for the transfer. As a result, Jaden attended the court session via Zoom, but the justices declined the request for an adjournment.
Instead, the court ordered the Supreme court registrar to facilitate Jaden’s lawyer, Andrew Ssebugwawo, to visit Bugungu prison by next week. This, they said, would allow Ssebugwawo to meet his client and receive formal instructions regarding the appeal.
Jaden, a former police officer from Mayuge community police, and his co-convict Sandrah Nakungu, who is serving a 20-year sentence for her in-law’s murder, are appealing their convictions.
The court has further ordered both Jaden’s lawyer and state attorney, Sam Oola, to file written submissions on which the final judgment will be based. The ruling will be delivered at a later date on notice.
During the session, Jaden followed proceedings virtually, while Nakungu was physically present in court.
In 2016, the late High court judge Wilson Masalu Musene convicted Nakungu and Jaden for Kasiwukira’s murder, citing evidence of their intent to kill him. The prosecution presented video footage showing Jaden had attempted to kill Kasiwukira on two separate occasions but failed.
Justice Musene also ruled that Nakungu owned the vehicle that Jaden used to fatally run over Kasiwukira. As a result, both were sentenced to 20 years in Luzira prison. However, Kasiwukira’s widow, Sarah Nabikolo, was acquitted.
Justice Musene noted that while a prosecution witness, Richard Byamukama, alleged that Nabikolo financed the attack on her husband, her name was not mentioned in the incriminating video footage.
The third person in the footage was only referred to as “madam”, with no direct reference to Nabikolo. Following their conviction, Nakungu and Jaden appealed to the Court of Appeal, which upheld the High court’s decision.
The director of public prosecutions (DPP) also appealed Nabikolo’s acquittal, but the court ruled in her favor. Dissatisfied with the outcome, Nakungu and Jaden escalated their appeal to the Supreme court.
They argue that justice Musene convicted them on defective charges and denied them the right to present witnesses, thereby violating their constitutional right to a fair trial—an illegality they claim was wrongfully upheld by the Court of Appeal.
Dissatisfied, Nakungu and Jaden have appealed to the Supreme Court, alleging constitutional violations. However, given the consistent findings across multiple courts, their claims appear to lack substantial merit.
This progression suggests that the initial convictions were well-founded, and the appellants’ chances of overturning them are minimal that is my option