The five appellants were on 3 1.5.1999 convicted by the High
Court of the murder of Kusolo Wamatere (the deceased) contrary
to section 183 of the Penal Code Act and sentenced to death. They
thus appealed against the conviction.
Court considered whether the learned trial Judge failed to evaluate
properly the evidence on record and thus came to the wrong
Court ruled that the incident occurred in broad day light. The
principal witnesses (PW1 and PW2) knew the appellants well
before the day of incident. The attack on the deceased lasted about
one hour. Court agreed with the learned judge’s finding that in
those circumstances PW1 and PW2 were able to recognize the
appellants as some of the attackers of the deceased. Court did not
see that those witnesses were biased or that they were affected by
drink. Court was not able to find any serious contradictions in
their evidence. All these matters were ably considered by the trial
Court further ruled that according to the medical evidence the
cause of death was either loss of fluids due to internal bleeding
(hyporolaemia) or the closed head injury. Court had no doubt that
the deceased was killed deliberately. There is no evidence that the
deceased was a witch - doctor or that he was found with articles of
witchcraft. The killing was clearly done with malice aforethought
as the trial judge rightly found.
Court accordingly held that the appellants were correctly
convicted as charged.