KASIWUKIRA KILLING! Top Court Rejects Appeal, Upholds 20-Year Terms

The Supreme Court in Kampala has upheld the 20-year prison sentences imposed on Police Constable Ashraf Jaden and Sandrah Nakkungu for the murder of businessman Eriya Sebunya, popularly known as Kasiwukira.

A panel of five Justices, led by Justice Prof. Lillian Tibatemwa Ekirukubinza, on Thursday dismissed the appellants’ appeal, finding it devoid of merit.

Kasiwukira was killed on October 17, 2014, after he was knocked by a speeding vehicle while jogging near his home in Muyenga, a Kampala suburb. In 2016, the High Court, then presided over by Justice Wilson Masalu Musene, convicted Jaden and Nakkungu of murder, finding that the prosecution had established their intention to kill the businessman.

During the trial, the prosecution presented video footage showing Jaden allegedly attempting to kill Kasiwukira on two separate occasions before the fatal attack. Justice Musene also found that Nakkungu owned the vehicle Jaden used to knock down Kasiwukira.

He subsequently sentenced both accused to 20 years’ imprisonment in Luzira Prison. The High Court, however, acquitted Kasiwukira’s widow, Sarah Nabikolo, for lack of sufficient evidence linking her to the murder.

Although a prosecution witness, Richard Byamukama, had implicated Nabikolo, alleging that she financed the attack on her husband, Justice Musene noted that her name did not appear in the video footage relied upon by the prosecution.

The judge further observed that the third person appearing in the footage was only referred to as “Madam”, without any specific identification of Nabikolo. Jaden and Nakkungu subsequently appealed to the Court of Appeal, challenging both their convictions and sentences.

The appellate court upheld the High Court’s decision. The Director of Public Prosecutions (DPP) also challenged Nabikolo’s acquittal, but the appeal against her was unsuccessful. Still dissatisfied, Jaden and Nakkungu appealed to the Supreme Court, seeking to have their convictions and sentences set aside.

The appellants argued that the High Court had convicted them on defective charges and had denied them an opportunity to call witnesses, thereby violating their constitutional right to a fair trial.

They further argued that the alleged irregularities had been wrongly upheld by the Court of Appeal. In its judgment, however, the Supreme Court rejected the arguments and found that the prosecution had adduced cogent and credible evidence establishing the appellants’ direct participation in the murder.

The Court said the evidence, particularly concerning the prior planning of the attack, the appellants’ presence at the scene and the use of the motor vehicle, formed a complete and consistent chain of circumstances pointing to their guilt. The Justices held that the evidence was sufficient to prove the appellants’ guilt beyond reasonable doubt and sustain their convictions for murder.

The Supreme Court also rejected the argument that the acquittal of Nabikolo undermined the convictions of Jaden and Nakkungu. The Court clarified that the acquittal of one accused person does not automatically absolve co-accused where there is independent evidence establishing their individual criminal responsibility.

The Justices found that Jaden and Nakkungu were principal offenders whose liability had been independently established beyond reasonable doubt, regardless of the evidence concerning the acquitted co-accused.

The Supreme Court consequently dismissed the appeal in its entirety, upheld the appellants’ convictions for murder and confirmed the 20-year prison sentences imposed by the High Court and affirmed by the Court of Appeal.

The panel comprised Justice Prof. Lillian Tibatemwa Ekirukubinza, Justice Night Percy Tuhaise, Justice Mike Chibita, Justice Stephen Musota and Justice Monica Mugenyi. Sam Oola, Senior Assistant Director of Public Prosecutions, represented the Office of the Director of Public Prosecutions in the appeal.