THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CRIMINAL CASE NO: HCT-00-CR-SC-0036 OF 2003
Mr Ali Gabe Akida – Defence on State briefs.
Kafeero Hassan – Accused.
Mr Kato-Sonko – Clerk/Interpreter.
Mr Ali Gabe:-
For plea and hearing on 15/5/2003.
Remanded until then.
Ms Annette Kangi Mutabingwa for State.
Mr Ali Gabe Akida for Accused.
Mr Kato-Sonko – Clerk.
Charge read and explained to the Accused.
Have you understood the charge?
What is your plea.
I know nothing about that case.
Plea of NA guilty entered.
The following Assessors are noted.
Do you have any objection to any of the Assessors.
Mr Ali Gabe for Accused.
State Attorney absent.
Mr Kato-Sonko – Clerk interpreter.
Both Assessors present.
Mrs Annette Kalungi Mutabingwa State Attorney for state.
Mr Ali Gabe for Accused.
Mr Kato-Sonko Clerk/Interpreter.
I have 3 witnesses and ready to proceed.
Let us proceed.
NAMBAZIRA ASIYA Affirmed and states:-
I am 24 years old. I stay at Mengo Luzige Zone Kisenyi. I am a businesswoman dealing in second hand handbags at Owino Market. I know Sharifa Namujuzi. She is my daughter. She is now aged 5 years and months. She goes to school at Nakasero Primary School in P.1. She is in Court. (Witness points at the girl).
Those shops are not on the same building with ours. There are other 4 buildings residential from ours to the other shops. The relationship before the incident there was a customer – seller relationship, we used to buy from Accused’s shop.
On 9/12/2001 I sent Sharifa to the shop to buy soap. I waited for her to come back but after the period I followed her. As I went calling out her name she was crying. As I reached the door of the Accused’s shop I found and saw Accused carrying her from behind the counter and giving her the soap and a sweet. When I asked the Accused why he had delayed to give the soap to the child, he replied that he had been cutting the soap for her. Sharifa continued crying. Whenever I would ask Sharifa why she was not coming back, she only continued crying and naming “Hassan”. On observation I saw semen running down her private parts down her legs. I removed her knickers, while outside the shop at the from of the door. I got hold of the knickers and I went and called the father of the girl. I went back to our house with Sharifa. The father was there. He remained with Sharifa and told me to go and call the Accused. I went and called Accused and we came together. When we came with the Accused