A recent spate of murders has put the spotlight on the ability of the police to investigate crime and gather sufficient evidence to pin suspects before court. DERRICK KIYONGA goes back in time to look at the fate of some of the most high-profile murder cases in the last 15 years:
ROBINAH KIYINGI
Robinah Erina Kayaga Kiyingi, a lawyer, met her death on July 11, 2005 at the gate of her home found in Konge, Makindye, a Kampala suburb. She was shot five times in the head by assailants who had followed her home from the city centre.
Police arrested her husband, Dr Aggrey Kiyingi, an Australia-based cardiologist; Charles Berwanaho, a police officer; Bob Mugisha, then Kiyingi’s bodyguard; as well as a UPDF soldier, Pte John Atwine, who was alleged to have pulled the trigger.
However, the case took an uncanny twist when Atwine died under mysterious circumstances while in custody at Luzira Maximum prison. He was alleged to have been poisoned. A state witness, Lt Ceasar Enya, who was attached to Military Police, was also shot dead at his home in Kireka. Months later, the chief investigator in the case was also shot dead.
Nevertheless, a trial was conducted and six months later, Kiyingi and his co-accused were acquitted. Justice Rubby Aweri Opio said the prosecution’s case was weakened by the death of Atwine. It had been the prosecution’s case that Atwine pulled the trigger, thereby ending Robinah’s life.
In December 2006, the director of public prosecutions (DPP) filed a notice of appeal against Justice Aweri’s judgement. In the appeal, prosecution accused Justice Aweri, who is now a Supreme court judge, of failing to properly evaluate the overwhelming evidence on record implicating the trio.
However, 10 years since the appeal was filed, it has never been heard, although not for lack of trying by the judiciary. Court records show that in 2009, a coram of Justices Amos Twinomujuni (deceased), Constance Kategaya Byamugisha (deceased) and Augustine Sebutuulo Nshimye (now a Supreme Court judge) was instituted to hear the appeal.
But the case didn’t take off because Kiyingi, Berwanaho and Mugisha didn’t show up. When contacted on Thursday over the case, the DPP’s mouthpiece, Jane Okuo-Kajugo, denied that they had given up on the matter.
“We are still waiting for court to cause list the case,” she said. “We were frustrated by the inability of the accused to be in court but court told us [that] the next time the case comes up, we will proceed with or without them.”
ALFRED BONGOMIN
On February 12, 2002, politician Alfred Bongomin, who was the LC III chairman for Pabbo sub-county in Gulu district and a Movement stalwart, was gunned down in Gulu town.
Three years later, three suspects, including two opposition politicians were arrested and detained over Bongomin’s murder. The trio were Reagan Okumu (MP Aswa), Michael Ocula (then MP Kilak) and Stephen Otim (the Local Council one chairman of Green Valley in Gulu municipality). They were charged on April 20 over the murder.
But in his January 9, 2006 judgement, the now retired High court judge John Bosco Katutsi lambasted the state for engaging in “a crude” and “amateur” attempt to accuse Okumu and Ocula of murder. Justice Katutsi blamed prosecution, which was led by Simon Peter Byabakama, who is now the Electoral Commission chairman designate, of presenting witnesses with “shady characters”and who were “self-confessed criminals.”
According to the judge, although it was apparent that Bongomin was murdered, Byabakama’s team had failed to prove that the MPs were in any way involved in the killing.
While the state had claimed that it would appeal, it never followed through with the threat. As a result, Bongomin’s murder remains unresolved to-date.
CERINAH NEBANDA
By the time she died mysteriously on December 14, 2012, Cerinah Nebanda, 24, was one and a half years into her first term as Woman MP for Butaleja district.
Following her death, the state quickly pointed an accusing finger at Nebanda’s boyfriend, Adam Kalungi. The state’s narrative was that Nebanda had died from overdosing on narcotics, aided by Kalungi.
Once Kalungi was extradited from Mombasa, Kenya, where he is said to have escaped after Nebanda’s death, he was charged at the Makindye chief magistrate’s court with manslaughter, as well as being in possession of, and supplying, narcotics.
On January 7, 2013, when he was first arraigned before the then Makindye court chief magistrate, Esta Nambayo, Kalungi pleaded guilty to the charge of manslaughter but the magistrate declined to enter the plea and, instead, adjourned court to the following day.
On January 8, 2013, when the case came up for mention, Kalungi changed his plea to “not guilty,” leading to a protracted trial that was never attended by any of Nebanda’s relatives.
Eventually, Nambayo sentenced Kalungi to four years in prison, saying she had found him guilty of negligently causing the death of Nebanda by omission.
However, seven months later, following an appeal lodged by Kalungi against the state, the then High court judge Lameck Mukasa, who has since retired, quashed Nambayo’s ruling, thereby absolving Kalungi of any blame.
After “re-evaluating evidence,” Justice Mukasa ruled that Kalungi tried his level best as a lay person, in his capacity as a procurement specialist, and administered first aid to Nebanda.
Kalungi was subsequently released from jail and is now a free man, leaving a litany of unanswered questions on who could have killed Nebanda and why.
The contradictory findings by the courts give credence to assertions by the then Mulago hospital pathologist, Dr Sylvester Onzivua, that the investigations into Nebanda’s death were “jumbled up” and, as a result, “inconclusive.”
SHEIKH ABDUL KADHIR MUWAYA
On December 25, 2014, as the rest of Ugandans were enjoying Christmas day, the leader of the Shi’ite Muslim sect in Uganda, Sheikh Abdul Kadhir Muwaya, met his death.
Muwaya was gunned down in front of his house in Kavule village in the eastern district of Mayuge by assailants riding on a motorcycle. The assassins are said to have ridden into Muwaya’s compound and he stood up to receive them thinking they were visitors. Instead, they shot him twice in the chest at close range, ending his life instantly.
On January 23, 2015, the DPP charged 14 suspects, all but one of who are sheikhs, with Muwaya’s murder. The sheikhs are Muhammad Yunus Kamoga, Siraj Kawooya, Sekayanja Abdulsalaam alias Kassim Mulumba, Sematimba Abdulhamid Mubiru, Jingo Rashid, Sekito Twaha, Kakande Yusuf alias Abdallah and Sheikh Murta Mudde Bukeny, Hakim Kinene Muswaswa, Amir Kinene, Kalungi Fahad, Hamuza Kasirye, Musa Issa Mubiru.
The other suspect was Iga George William alias Hamuza. On the same charge sheet, the aforementioned suspects were also charged with the December 28, 2014 murder of Sheikh Mustapha Bahiga.
But on September 9, 2016, before the High court International Crimes division (ICD), the DPP unexpectedly dropped the charge of Killing Muwaya.
This left the accused to battle with charges of murdering Bahiga and Sheikh Ibrahim Hassan Kirya, as well as terrorism and attempted murder.
Separately, on April 16, 2016, two different suspects, Abdul Swabir Kabambwe and Afani Muhammad, were charged with the murder of Muwaya before Jinja grade one magistrate Imran Isaac Kintu.
According to the DPP, Kabambwe was the man riding the motorcycle when the assailants struck Muwaya. Prosecution further claims that Muhammad was used to spy on Muwaya, thereby ascertaining the pattern of his movements before the murderers sprang into action.
The duo is on remand in Kirinya prison since their trial is yet to begin.
JOAN KAGEZI
On November 22, 2016, a government ballistics expert told the High court’s International Crimes division (ICD) that the gun that killed sheikhs Bahiga and Kirya could have been the same weapon used to gun down prosecutor Joan Kagezi.
Robinah Kirinya told the ICD that after doing a forensic examination of the cartridges got after the shooting of the three individuals, they came to an inference that they were from the same “ejector”.
Kirinya’s evidence is the closest the country has come to know who killed Kagezi, who was murdered on March 30, 2015. Kagezi, who was a senior principal state attorney, was shot dead by unidentified assailants who were riding a motorcycle in Kiwatule, a Kampala suburb, where she had made a stopover to buy fruits.
At the time of her murder, Kagezi, was the lead prosecutor in a July 11, 2010, Kampala twin bombing trial which was concluded earlier this year. Kagezi, who was shot twice at close range by the assailants while she was seated in her car, was to lead the prosecution in the ongoing trial of the Muslim clerics.
While addressing mourners at Kagezi’s requiem service at St Luke church, Ntinda, on April 2, 2013, police chief Kale Kayihura promised to move heaven and earth to bring the murderers to justice.
As if taking cue from their boss’ declaration, police raided a house in Busega, where they arrested four people on grounds that they could have knowledge of the murder. Later, police discreetly released the four.
On April 10, 2015 police put up a reward of Shs 10 million for anyone with information that could lead the arrest of Kagezi’s murderers. One year down the road, however, no one has come forward with any vital information that could help solve the Kagezi murder puzzle. Asked about Kagezi’s case, Kajuga said the DPPs’ office is waiting for the police’s findings.
“We cannot prosecute a matter when we have no basis,” Kajuga said. “We can only work after police has made arrests and done investigations.”
When contacted about the latest on police findings on the case, the Kampala Metropolitan Police spokesperson, Emilian Kayima, said he needs at least a week to find out how far the force has gone with its investigations.
BADRU KATEREGGA
The murder trial involving city businessman Andrew “Desh” Kananura started in November this year, four years after he was charged with killing Badru Kateregga.
Kananura is on trial for the alleged September 30, 2012 killing of Kateregga, his bar attendant Badru Kateregga at his Panamera bar, a restaurant found in Naguru, a Kampala suburb, for stealing Shs 30,000. He appeared before Musene together with his brother Raymond Kananura, Cyrus Maganda, security guard Samuel Muzulewa and Jacob Onyango.
Kananura’s trial has not been an easy one, with reports often being peddled around that security agencies wanted to kill the case. On January 19, 2013, there was a public outcry when information trickled in that Kananura had sneaked out of the country after Kateregga’s death.
The flamboyant Kananura was then arrested at Entebbe airport on his return from the UK. Three days later, he was charged and remanded to Luzira prison for murder.
In February, 2013 the High court released Kananura together with others suspects on a Shs 20 million bail. On March 15, 2016, Justice Wilson Masalu Musene withdrew from hearing the case, citing a story written in a local tabloid claiming that the judge had a personal interest in the case.
He was replaced by Justice Joseph Mulangira and hearing of the case continued. So far, the prosecution has produced five witnesses before the court.
DONAH BETTY KATUSABE
Nine people are supposed to face trial in the High court for their role in the brutal murder of business lady Donah Betty Katusabe in 2015. The highest profile of them is Aaron Baguma, the former Kampala Central police station commander, and Muhammed Ssebuwufu, the owner of Pine car bond, where Katusabe was allegedly murdered from. Others are Godfrey Kayiza, Philip Mirambe, Stephen Lwanga , Paul Tasingika, Yoweri Kitayimba, Shaban Otuddu and Damaseni Ssentongo.
The DPP avers that in 2015, the suspects killed Katusabe using sticks and a panga for failure to clear a Shs 9m debt which was the balance of money left for a car that she had bought from Ssebuwufu’s car bond.
Of the nine, Baguma and Ssebuwufu are currently enjoying unfettered freedoms owing to the sympathy of Justice Wilson Masalu Musene, who gave them bail.
In granting the duo bail, Justice Musene had indicated that their trial would start on October 7. However, this never happened. The judiciary says that Ugandans will have to wait until the next “convenient” criminal session for the accused to face trial.
JOHN AHIMBISIBWE
After spending a year in Luzira prison, Ivan Kamyuka, who is being accused of murdering John alias Ahimbisibwe, was granted bail by the High court on October 28, 2016.
In granting Kamyuka bail, Justice Wilson Masalu Musene tasked him to deposit cash bail of Shs 5 million after presenting substantial sureties, and to report to court after every two months.
However, reports recently indicated that Kamyuka had flown to Sweden, although The Observer could not independently verify these claims. Kamyuka is supposed to report to court on December 28, 2016 to fulfil his bail requirements, but it remains to be seen whether he will indeed turn up.
According to prosecution, on August 2, 2015 at club Guvnor found in Industrial area, Kamyuka killed Ahimbisibwe during a scuffle. Ahimbisibwe reportedly sustained a cut from a broken glass in the neck, and bled to death. It’s not clear when Kamyuka will be tried, as court is currently waiting for a “convenient” criminal session to schedule his case for trial.
ERIA BUGEMBE (KASIWUKIRA)
The October 12, 2016 judgment by Justice Wilson Masalu Musene brought relief and joy for Sarah Nabikolo, the widow, who was acquitted of murdering her husband Eria Bugembe Ssebunya aka Kasiwukira in 2014.
But Justice Musene didn’t spare Sandra Nakungu, Nabikolo’s cousin and Jaden Ashraf, a police officer, who got 20 years in prison each for thief varying roles in Kasiwukira’s murder.
Kasiwukira was murdered on the morning of October 17, 2014 as he was jogging in the neighbourhood of Muyenga, a Kampala suburb. He was overrun by a car, which sped off after the incident.
In the ruling, Justice Musene was only able to resolve two questions. On who owned the killer vehicle, he said it was Nakungu. And Jaden, he said, drove the killer vehicle. But in letting Nabikolo walk, questions about who financed the plot remained unanswered.
Prosecution had maintained that Nakungu and Jaden were the foot soldiers as Nabikolo worked behind the scenes, providing the needed cash. After the judgement, the DPP filed a notice of appeal in the Court of Appeal, challenging Nabikolo’s acquittal.
dkiyonga@observer.ug