THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CORAM: HON. LADY JUSTICE C.N.B.KITUMBA, JA.
HON. LADY JUSTICE C.K. BYAMUGISHA, JA.
HON. MR. JUSTICE S.B.K. KAVUMA, JA.
CRIMINAL APPEAL No.190 OF 2003
1. No.RA. 48862 CPL. NGOBI KATO GALANDI ]
2. ABDALLA NSEREKO ]
UGANDA ::::::::::::::::::::::::::::: RESPONDENT
[Appeal from conviction and sentence by the High Court of Uganda (Wangutusi, J) dated 3rd October 2003, in Criminal Session Case No.133 of 2003 holden at Jinja]
JUDGEMENT OF THE COURT
CPL. Ngobi Kato Galandi, the first appellant and Abdalla Nsereko, the second appellant were jointly indicted with one Ziraba Muhammed alias Kigenyi and Bwoya Bakari with aggravated robbery, contrary to sections 285 and 286 (2) of the Penal Code Act. Bwoya Bakari passed away before the commencement of trial in the High Court and the case against him abated. Kigenyi was acquitted but the two appellants were convicted and sentenced to death. They appealed to this Court against the convictions and sentences.
The prosecution case against the appellants was based partly on a confession by the appellant and other circumstantial evidence.
Nakimera Hellen (PW6) was a businesswoman in Iganga town at Bugumba, Zone B and lived there with her family. On the 18/12/2000 at around 9.00 p.m., she was inside her house with her children when robbers attacked her. The electric lights were on. One of the robbers was carrying a rifle, which he pointed at PW6 while saying that she was the one they were looking for. Another one was dressed in a light blue jacket with a red cap advertising coca-cola Talanta.
The robbers demanded money from PW6, while pointing a gun at her. They made her lie down and pushed her head under the bed. Later they dragged her from underneath the bed. When PW6 succumbed to their demands and gave them money, they left the house with it and carried other house hold property. PW6 and her family members made an alarm, which was answered by many people. Later in the night while Hussein Kadugala, (PW8), who was an LDU and secretary for youth and others, were patrolling the village, they found a man whom they later learnt was Bakari. He had no identification papers. He was putting on a bluish jacket, black trousers and had a cap with white and red colours. He dropped a long knife when he was called by PW8. PW8 and others, found a bag near where he was. The man was arrested and taken to