The Office of the Director of Public Prosecutions (ODPP) has won in the appeal against conviction and sentence in the Kasiwukira murder case.
The Supreme Court of Uganda has upheld the conviction and sentence of PC Jaden Ashraf and Sandra Nakungu for the offence of murder to the prejudice of Eriya Sebunya Kasiwukira, bringing the case to a close.
The appellants had been convicted by the High Court and sentenced to 20 years’ imprisonment for the murder of Eriya Sebunya Kasiwukira, who was fatally knocked down in a deliberate motor vehicle attack in Muyenga on 17th October 2014.
The Court of Appeal subsequently affirmed both conviction and sentence, prompting the appellants to file a second appeal before the Supreme Court.
A central issue in the appeal was the acquittal of a co-accused, Sarah Nabikolo Ssebunya (the deceased’s wife), who had allegedly been linked to the planning of the murder.
The appellants argued that their conviction could not stand if the alleged mastermind had been acquitted, and further contended that the case against them was based on weak circumstantial evidence.
In its judgment, the Supreme Court dismissed the appeal in its entirety, finding it devoid of merit. The Court held that there was cogent and credible evidence establishing the appellants’ direct participation in the murder, particularly regarding prior planning, presence at the scene, and use of the motor vehicle.
This evidence formed a complete and consistent chain pointing to their guilt and was sufficient to sustain the conviction.
Addressing the appellants’ argument regarding the acquittal of a co-accused, the Court clarified that the acquittal of one accused person does not absolve others where independent evidence establishes their culpability.
The Court found that the appellants were principal offenders whose criminal liability was proved beyond reasonable doubt, independent of any alleged involvement of the acquitted co-accused.
The Supreme Court upheld the conviction of the appellants for the offence of murder and confirmed the sentence of 20 years’ imprisonment imposed by the trial court and affirmed by the Court of Appeal.
This decision reinforces the principle that criminal liability is individual and must be determined on the strength of evidence against each accused person. It further affirms the evidentiary value of circumstantial evidence in securing convictions where it meets the required legal threshold.
The appeal was argued by Mr. Sam Oola, Senior Assistant Director of Public Prosecutions on behalf of the ODPP, as the Respondent, before Justice Prof. Lillian Tibatemwa Ekirukubinza, Justice Night Percy Tuhaise, Justice Mike Chibita, Justice Stephen Musota and Justice Monica Mugenyi.
