55
THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA
AT KAMPALA
{CORAM: ODOKI, CJ, TSEKOOKO, KATUREEBE, TUMWESIGYE & KISAAKYE, JJSC.}
Criminal Appeal No. 07 of 2009
1. HARUNA TURYAKIRA
2. SENOGA BIZIBU …………………… APPELLANTS
3. JAMES KAIRUTU
Versus
UGANDA …………………… RESPONDENT
[Appeal from the judgment of the Court of Appeal, at Kampala (Engwau, Twinomujuni and Kitumba JJA) dated 26th February, 2009 in Criminal Appeal No. 146 of 2003]
JUDGMENT OF COURT
This is a second appeal arising from a decision of the Court of Appeal which upheld the conviction by High Court of the three appellants for the offence of simple robbery.
The three appellants, Haruna Turyakira [A1], Senoga Bizibu [A2] and James Kairutu [A3] were charged with robbery with Code Act. They were convicted by Akiiki Kiiza, J., of a lesser cognate offence of simple robbery, contrary to sections 272 and 273 (1) (b) of the Penal Code Act. They were each sentenced to fourteen years imprisonment and ordered to pay compensation of Shs. 800,000/= each to Ssebuzungu Christopher, PW1, the victim of the robbery and thereafter be under police surveillance for three years after release.
FACTS:
On the night of 27th May, 2000, Ssebuzungu Christopher [PW1], his wife Natukunda Allen [PW3] were sleeping in their house. Husband and wife slept in their bedroom while PW3 was sleeping in a different bedroom. At about 01:00am the door of the house was hit hard and it opened. PW1, PW2 and PW3 woke up. Four attackers first entered the bedroom of PW3. They flashed torches as they demanded for money from her. PW3 who had known the three appellants recognized them. They were with one Bashir whom she also recognized and was later killed by a mob because of this robbery. The three appellants then closed the door to
