THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CASE NO: HCT-00-CR-SC-0097 OF 2002
UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
KYOTEREKERA MIKE ::::::::::::::::::::::::::::::::::::::::::: ACCUSED
BEFORE: HON. MR. JUSTICE RUBBY AWERI-OPIO
J U D G M E N T:
The Accused Kyoterekera Mike was indicted for Murder Contrary to Sections 183 and 184 of the Penal Code Act. The particulars on the indictment alleged that between 2nd and 6th May 2002 at Makerere Kavule Zone Kampala District the Accused murdered one Safina Namawejje.
The background of the prosecution case is as follows:- On 2nd May 2002 between 3.00p.m. and 8.00p.m. the Accused was seen lingering around Makerere Kavule Zone near the home of the deceased. The residents of the said zone suspected the Accused of having some unknown design. They accordingly reported the suspicious presence of the Accused to their local leader. The Accused was dressed in a trouser, white T-shirt and a black jacket. At around 8.30 p.m. the Accused was seen at Makerere Kavule stage standing near the deceased. Shortly later the deceased was heard crying “the man has killed me” The deceased was seen jumping up and down in pain as she was running towards Kalerwe. On the other hand the Accused was seen running toward Bwaise. Rescuers ran to the scene where they recovered an empty container labeled