Details of Ssebuwufu’s murder case judgement
In the Court of Appeal of Uganda at Kampala, the Coram consisted of Egonda-Ntende, Bamugemereire, Madrama and JJA.
This was a consolidated murder appeal nos 158 and 191 of 2019 that involved: Ssebuwufu Muhamed, Kayiza Godfrey alias Godi, Mirambe Phillip, Lwanga Stephen, Tasingika Paul (Apperants), Kitayimbwa Yoweri, Ssentongo Damasseni and Odijtu Shabann alias Golola, all versus Uganda Government.
The appeal was from the decision of the High Court at Kampala; taken by the Hon. Lady Justice Flavia Senoga on 24th June 2019 in High Court Criminal Session Case No 0493 of 2015.
In the judgement by the Court of Appeal, it was agreed that all accused persons (8 in number) and others still at large murdered Betty Donah Katushabe.
The 8 persons also were charged with aggravated robbery. The Court of Appeal quashed the aggravated robbery, saying there was no incriminating evidence of the robbery. A single phone cannot be regarded as an evidence of robbery.
The judges agreed that there was overwhelming circumstantial evidence that the 2nd, 3rd and 8th appellants participated in the murder or killing of Donah Katushabe.
The judges noted that the battery of the deceased (Donah Katushabe) caused her death, in that there was an intention to cause her grievous harm by beating her. This was proved by the postmortem report.
The judges stated that there has been no need of convicting the appellants on the count of kidnap with intent to murder.
It was no longer an intent as malice aforethought is inferred, and death was caused. Therefore, they acquitted them of the conviction for aggravated robbery and kidnap with intent to murder.
The judges said the assault on the deceased was so brutal that they sustained the conviction of the 2nd, 3rd and 8th appellants on the count of murder.
The Appellants submitted that the sentence of 40 years imprisonment for the offense of murder was harsh and excessive. The judges therefore agreed with the above and decided to reduce it. However, the judges agreed that the convicts should compensate the family of Doanah Katushabe sh100, 000,000 million(one hundred million).
They found 19 years imprisonment would be appropriate for each of the Appellants.
In the premises, the learned trial judge made her award not for loss of a phone but for loss of life. They found no merit in ground 7 of the appeal of the 2nd, 3rd and 8th Appellants, and they disallowed it. Similarly, ground 9 of the appeal of the 1rst Appellant fails.