Joan Kagezi murder: Court confirms charges against four suspects

Four suspects have been ordered by the International Crimes Division of the High Court in Kampala to stand full trial in the murder of Assistant Director of Public Prosecutions Joan Kagezi in 2015.
This was after the presiding judge, Alice Komuhangi Khaukha, on March 24, ruled that the prosecution had adduced sufficient evidence in a pre-trial session that linked them to each other in the commission of the said crime, hence warranting each of them to stand full trial for the alleged murder.
The quartet who face charges of murder and terrorism are Kisekka Daniel Kiwanuka, Kibuuka John aka Musa, Masajjage John aka Mubiru Brian aka Badru aka Chongo, and Nasur Abdallah Mugonole.
“In light of the above, it is my finding that the disclosed evidence connects all the accused persons to the planning, organizing, and subsequent attack on and murder of Assistant DPP Joan Namazzi Kagezi. They are also culpable under the doctrine of common intention under Section 20 of the Penal Code Act,” ruled Justice Khaukha.
Adding: “In this case, the accused persons all set out to pursue the unlawful purpose of attacking and killing Assistant DPP Kagezi so violently and in a public place. None of the accused persons dissociated himself from the crime. Having considered all the evidence disclosed by the prosecution, I find that there is sufficient evidence to establish substantial grounds to believe that each of the accused persons committed each of the crimes they are charged with.”
Upon making her findings that the foursome was behind the shooting and killing of Ms Kagezi who at the time was the lead prosecutor in the infamous 2010 Kampala twin bombing, went on and ordered that they stand full trial.
“ I hereby make the following orders; charges in count one are hereby confirmed against Kisekka Daniel Kiwanuka (A1), Kibuuka John aka Musa (A2), Massajjage John aka Mubiru Bria (A3), and Nusur Abdallah Mugonole (A4),” she ruled
“All the accused persons are accordingly forwarded for trial on the confirmed charges. I so order,” she added.

The evidence that the prosecution adduced

The prosecution relied on the confession statement of Kisekka, who revealed that he, alongside two others, Kibuuka and Massajjage participated in the gruesome murder of Ms Kagezi.
“During the interview, A1 (Kisekka) confessed to having participated in the murder of the deceased together with A2, A3, and A4. He informed the investigators that he and A4 (Mugonole) formed the backup team to clear the escape route after the murder of the deceased,” the ruling read in part.

Also, the prosecution relied on the confession of Kisekka, who stated that upon killing Ms Kagezi, he, along with his accomplices, went to a witch doctor in Kayunga to perform rituals on them such that they were protected and not identified to be behind the killing.
The witch doctor, on being interrogated, is confirmed to have performed rituals on the suspects who had confided in him for having killed a very big person.
   
He was paid Shs200, 000 for his rituals.
The other piece of evidence that the court relied upon to confirm the charges against the quartet was the call data records placing two of the suspects near the scene of the crime on the fateful day during the evening hours between 7 pm and 8 pm, the period that Ms Kagezi was killed.

“Investigators also had obtained and preserved mobile network clusters of all active MTN and Airtel mobile numbers which were within the vicinity of the scene of the crime shortly before and at the time the deceased was murdered and made a report which revealed that mobile telephone numbers belonging to A2 (Kibuuka) and A3 (Massajjage) were located within Kiwatule between 7 pm and 7:30 pm on 30th March 2015,” the ruling stated.
How the suspects were arrested
Ms Kagezi was on March 30, 2015, gunned down by unknown assailants who were riding on two motorcycles in Kiwatule, a Kampala suburb.

The deceased who was traveling with three of her children in the official car, had parked at the roadside to buy fruits, that is when the assailants pounced on her, shot her several times, and fled on the motorcycles towards Najera's side and disappeared.
In April 2015, police arrested Kibuuka from his home in Nabweru South, Kawempe Division in Kampala based on verifiable intelligence in connection with the murder Ms Kagezi and other crimes.

He revealed to the investigators how he participated in the murder of Ms Kagezi with Massajjage who lived in the same locality but had at the time escaped to an unknown place where he was living as a fugitive until 2023, when he was eventually arrested.
This was after in August 2023, the police obtained information and leads on the location of Massajjage who was tracked and arrested from Wandegeya, where he was doing the business of boda boda riding.

The police later established that Kibuuka and Mugonole, who were known associates of Massajjage, had been tried, convicted, and imprisoned in different prisons after committing other crimes.
In October 2023, Kisekka and another suspect were arrested in Luwero in connection with a theft of property, and it’s while they were in custody, it was discovered that he was one of the most wanted persons in connection with the killing of Ms Kagezi.
He was transferred to Kampala for questioning and he confessed to having participated in the same with the other trio.

 The position of the law

In all trials before the International Crimes Division of the High Court, holding a pre-trial hearing is a legal requirement.
The International Criminal Court (ICC) follows the well-established procedure of holding a pre-trial hearing and confirming charges in criminal trials.

The purpose of the pre-trial conference is to consider the facts of the case, markings for identification of the evidence of the parties, any waiver of objections to the admissibility of evidence, settlement of some or all of the issues, and status of the victims and witnesses.

The pretrial does not include hearing out of witnesses.
The suspects will now appear before a panel of justice where the prosecution will call witnesses and adduce more evidence against them. On conviction, murder and terrorism charges carry a maximum punishment of death by hanging.
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