Court name
HC: Criminal Division (Uganda)
Case number
Criminal Revision HCT-00-CR-CV-CO 276 of 2020
Judgment date
30 July 2020

Uganda v Ssenyonjo and Anor (Criminal Revision HCT-00-CR-CV-CO 276 of 2020) [2020] UGHCCRD 150 (30 July 2020);

Cite this case
[2020] UGHCCRD 150
Coram
Kwesiga, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(CRIMINAL DIVISION)

HCT-00-CR-CR-JSC-0276-2020

UGANDA  ………………………..……………. PROSECUTOR

VERSUS

  1. SSENYONJO IVAN
  2. SENFUKA DERRICK .……………………… JUVENILE OFFENDER

BEFORE:  HON. MR. JUSTICE J. W. KWESIGA

NO CASE TO ANSWER:

Ssenyonjo Ivan, 17 years old and Senfuka Derrick, 15 years old are jointly charged with Aggravated Robbery under Sections 285 and 286 (2) of the Penal Code Act.

It is alleged that on 9/9/2019 at Kapeeka in Nakaseke District robbed a motorcycle Reg. UE0883 Bajaj Boxer valued at Ug. Shs. 2,000,000/= property of Ssebowa Augustine and that during the robbery they used a deadly weapon to wit a hammer on the rider Ssajjabi Benjamin.

Each of the juveniles pleaded not guilty.  PW1 Ssebowa Augustine did not know how it was taken from Ssajjabi.

PW2, Kaigo, a medical nurse examined and found Ssajjabi injured.  PW3 Ssajjabi was robbed at night, 9:00 p.m.  But the motorcycle was recovered from a person who was beaten to death.

PW4, Mawejje told court that the victim PW3 had been hired by the juveniles and believed they were the robbers.  He made PW3 believe that A1 and A2 were the robbers.

RULING:

The prosecution evidence of identification is so weak that cannot establish participation.  The Robbery took place at night.  The motorcycle was recovered from another person who was killed in possession and there is no evidence connecting the juveniles to the deceased or the recovered motorcycle.

Each of the juveniles has no case to answer, they are both acquitted.

 

 

J. W. Kwesiga

Judge

30/7/2020

 

The Juveniles shall be handed over to Mary Nankabirwa, their grandmother and Bogere Mayanja – village leader who shall return them to their home and community for re-intergration.

 

J. W. Kwesiga

Judge

30/7/2020