Court name
High Court of Uganda
Judgment date
25 July 2003

Uganda v Hassan Kafeero (High Court Criminal Session Case-2003/36) [2003] UGHC 63 (25 July 2003);

Cite this case
[2003] UGHC 63
Short summary:

Criminal law

 

 

THE REPUBLIC OF UGANDA

 

 

IN THE HIGH COURT OF UGANDA AT KAMPALA

 

CRIMINAL CASE NO: HCT-00-CR-SC-0036 OF 2003

 
 
UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
 
 
VERSUS
 
HASSAN KAFEERO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED
 
BEFORE: HONOUARABLE JUSTICE LAMECK N. MUKASA
 
 
 
P R O C E E D I N G S:
 
Ms Sarah Kerwegi - State Attorney.
Mr Ali Gabe Akida – Defence on State briefs.
  Kafeero Hassan – Accused.
Mr Kato-Sonko – Clerk/Interpreter.

Ms Kerwegi:-
For 15/5/2003.

Mr Ali Gabe:-
Okay.

Court:-
For plea and hearing on 15/5/2003.
Remanded until then.

 
LAMECK N. MUKASA
AG. JUDGE
12/5/2003.

15/5/2003:-
Ms Annette Kangi Mutabingwa for State.
Mr Ali Gabe Akida for Accused.
Accused present.
Mr Kato-Sonko – Clerk.

Court:-

What language?

Accused:-
  Luganda.

Court:-
Charge read and explained to the Accused.
Court:-
Have you understood the charge?
Court:-
What is your plea.
Accused:-
I know nothing about that case.
Court:-
Plea of NA guilty entered.
Court:-
The following Assessors are noted.
1.      

Mr Bernard Mukane, 24 years. I work with Eversmart Fashion Ltd as Dealer
        in Textiles.
2.      
Ms Elile Juliet, 30 years. Businessman dealing in Textiles.
Court:-
Do you have any objection to any of the Assessors.
Accused:-
No objection.

Ms Mutabingwa:-

I have 3 witnesses in Court including the victim. I finding difficult to proceed now, I have received a call from Danish Embassy that I am needed to go and fill forms for a Law and Justice Course in Denmark and today is the closing date. I have discussed with my Learned friend who is agreeable to an adjournment to 19/5/2003.
Mr Gabe:-
No objection.

Court:-

Hearing adjourned to 19/5/2003 at 2.00p.m. Accused remanded until then and witnesses warned to be in Court.              
LAMECK N. MUKASA
AG. JUDGE
15/5/2003.

19/5/2003:-
Mr Ali Gabe for Accused.
Accused present.
State Attorney absent.
Mr Kato-Sonko – Clerk interpreter.
Both Assessors present.

 

Mr Gabe:-
The State Attorney is engaged in yet another Criminal Case before Justice Opio Aweri and it is part heard. We have agreed that hearing be adjourned to 23/5/2003 at 2.00p.m. Accused remanded until then.
 
LAMECK N. MUKASA
AG. JUDGE
19/5/2003.
23/5/2003:-
Mrs Annette Kalungi Mutabingwa State Attorney for state.
Mr Ali Gabe for Accused.
Accused present.
Mr Kato-Sonko Clerk/Interpreter.

Mrs Mutabingwa:-

I have 3 witnesses and ready to proceed.
Mr Gabe:-
Ready too.
Court:-
Let us proceed.

 

PW1:-
 
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).
 
On 9/12/2001 I was at home it was a Sunday at daytime at around 11.00a.m. Sharifa was in holidays. I wanted to get her bathed and her father takes her to the village. I sent her to the shop to buy soap so that I bath her. The shop attendant was Hassan Kafeero. He is in Court, he is that one (Witness points at the Accused). The shop is on the same building with where we stay. We stay at the back of the building and the shop is at the from. In February this year we shifted from that house to another one in the same area. We had occupied that house for 5 years. The building is a big one. At the front there is one shop room facing a road. Behind the building there are four rooms, two on each side. I was occupying the second room on the lower side. The room was on the same building and under the same roof with the shop room. To go to the shop from my room you go through a corridor to the outside and then go to the shop. There is no connecting door between my room and the shop room. The Accused was residing in that very shop. The shop was a single room shop. He used to sleep on one side of the shop. The shop counter was directly in from of the door to the shop as you enter and there were bars in the door. I had known the Accused for 8 months, prior to this incident. Originally the shop room was occupied by a Drycleaner when he vacated the Accused and his colleagues took occupation of the room and started there a shop. There are about 5 other shops neighbouring the Accused’s shop but not too near his shop.

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