Court name
High Court of Uganda
Case number
Criminal Case 61 of 2004
Judgment date
7 January 2005
Uganda v Kyakuwa Moses (Criminal Case 61 of 2004) [2005] UGHC 75 (07 January 2005);
Cite this case
[2005] UGHC 75
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT MUKONO
CRIMINAL SESSION CASE NO. 61 OF 2004
UGANDA ………………………………..……………………….PROSECUTOR
Versus
KYAKUWA MOSES ……………….………………………………..ACCUSED
BEFORE: HON. JUSTICE V. A. R. RWAMISAZI-KAGABA
JUDGEMENT
Kyakuwa Moses, who I shall refer to as “the accused” in the rest of my judgment is Indicted for the offence of defilement contrary to section 129(1) of the Penal Code Act. It was stated in the particulars to the charge that, Kyakuwa Moses, on the 23rd day of May 2001 at Kigoti village, in Kayunga District had unlawful sexual intercourse with Ajio Eve alias Tazita, a girl under the age of l8years. The accused denied the charge and was represented by Kafuko Ntuyo while the prosecution was led by M/s Farida Nakayiza a State Attorney.
JUDGEMENT
Kyakuwa Moses, who I shall refer to as “the accused” in the rest of my judgment is Indicted for the offence of defilement contrary to section 129(1) of the Penal Code Act. It was stated in the particulars to the charge that, Kyakuwa Moses, on the 23rd day of May 2001 at Kigoti village, in Kayunga District had unlawful sexual intercourse with Ajio Eve alias Tazita, a girl under the age of l8years. The accused denied the charge and was represented by Kafuko Ntuyo while the prosecution was led by M/s Farida Nakayiza a State Attorney.
The prosecution’s case rested on four witnesses. The accused and Ajico Lucy, the mother of the prosecutrix, Ajio Eve, lived very near each other at Kigoti village. At 5.00 p.m. on the 23/5/2001 Ajico Lucy wanted to send his daughter to the nearby shops to buy some groundnuts for her. The accused, who was at