Kasiwukira's widow finally free
Ms Sarah Nabikolo sheds tears after High Court acquitted her in October 2016. She had been charged with the murder of her husband Kasiwukira. Photo by Michael Kakumirizi
What you need to know:
- Kasiwukira was killed in a hit-and-run on the morning of October 17, 2014 as he was jogging in the neighbourhood of Muyenga, a Kampala suburb. He was hit by a car, which sped off after the incident.
KAMPALA. The Court of Appeal has upheld the decision of the lower court that acquitted Ms Sarah Nabikolo, the widow to slain businessman Eriya Ssebunya Bugembe who was popularly known as Kasiwukira.
In their unanimous judgment; the three justices led by Elizabeth Musoke ruled that neither of the prosecution witnesses during trial made any direct reference to the respondent (Nabikolo) as one of the persons who were involved in the plan or actually murdered Kasiwukira.
Other justices are Hellen Obura and Ezekiel Muhanguzi.
“The circumstantial evidence sought to be relied upon by the prosecution to connect the respondent to the murder was farfetched and could not be relied upon to irresistibly point to the guilt of the respondent,” said the judges in their judgment read by the deputy registrar Mr Jessy Byaruhanga.
In dismissing the appeal, the justices further noted that the video recording where the murder of the deceased is discussed, there is no mention of Ms Nabikolo’s name.
“The voices refer to ‘Madam’ and do not find it reasonable to presume that the person being referred to is the respondent. Prosecution witness number 20 (Richard Byamukama) testified that Jaden Ashraf talked of madam whom he thought was Mrs Kasiwukira. This was inconclusive evidence since suspicion cannot be based upon to support a conviction,” court ruled.
Court also concurred with the trial judge’s ruling that as “It was true the trailing of Nabikolo took place and even quarrelling between her and PW13 a boda boda motorist, never the less it did not bring out a clear connection of planning the murder of the deceased by A3 (Nabikolo).”
In October 2016, High court judge Wilson Masalu Musene acquitted Ms Nabikolo of her husband's murder and instead convicted her cousin Nakungu and Jaden to 22 years in prison.
Kasiwukira was killed in a hit-and-run on the morning of October 17, 2014 as he was jogging in the neighbourhood of Muyenga, a Kampala suburb. He was hit by a car, which sped off after the incident.
However the Director of Public Prosecutions appealed against the acquittal of Ms Nabikolo where they raised two grounds saying that the judge erred in law and in fact when he failed to judiciously scrutinize and evaluate the evidence on record and thereby wrongly acquitted her.
The state also noted that the judge failed to adequately appraise the evidence in relation to the doctrine of common intention which resulted in a gross miscarriage of justice.
However Ms Nabikolo through her MacDusman Kabega raised a preliminary objection on grounds that the appeal was incompetent since it was filed out of time.
Mr Kabega also noted that there was no eye witness who identified Ms Nabikoloas one of the killers of the deceased and no single witness placed her at the scene of the murder.
