Court name
High Court of Uganda
Case number
High Court Criminal Session Case-2007/137
Judgment date
18 January 2009

Uganda v Mukulu Nasuru & 3 Ors (High Court Criminal Session Case-2007/137) [2009] UGHC 8 (18 January 2009);

Cite this case
[2009] UGHC 8
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
HCT-03-CR-SC-0137-2007
UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
MUKULU NASURU & 3 OTHERS :::::::::::::::::::::::::::: ACCUSED

BEFORE: HON. JUSTICE J.P.M TABARO


ORDER



15-1-2008        A1, Nasuru Mukulu

A2, Daniel Walube

A3, Paul S       ooma

A4 Paul Waako, all present

                           Mr. F. Kakooza Principal State Attorney for the                           
                           State

                           Ms. J. Nakakande for the defence


Court: For aneigerment on 19-1-2009

         Police file not available.



J.P.M. Tabaro
Judge
15-12-2008

19-1-2009        A1, A2, A3, A4, present
Ms. C. Kwikiriza, State Attorney
for the State
Ms J. Nakakande for defence on State brief
Accused persons shall be aneighed

Plea: A1: I admit the charge. Please of Guilty recorded.
         A2: Not Guilty
A3. I admit the charge. Plea of Guilty entered (N.G)
A4: Not Guilty

Court: Adjourned till 12.00 noon.

J.P.M Tabaro
Judge

Later in the afternoon
All accused persons present
Appearances as before

Facts narrated by the Prosecutor in respect of the admission of guilt by A1.

“On 25-12-2007 there was a disco dance at Lubani Trading Centre near the home of the Prosecutrix’s home. The Prosecutrix attended the dance. At 9.00p.m the Prosecutrix decided to return home. On the way she met, group of boys among whom she recognized A1, Nasuru Mukulu: Nasuru Mukulu with the other boys carried her into a nearby bush by force and had sexual intercourse with her until she became unconscious. At 1.00a.m one Hasi heard the victim crying and came to her rescue. He was going home. He then carried the Prosecutrix to her parents’ home. She was bleeding from her private parts. Subsequently the girl’s father took her to Lubani Drugs Shop and later to Lubani Health Centre from where she was referred to Jinja hospital for further treatment. Next the father reported the matter to Buwange Police Post. Later the accused was arrested and subsequently confessed to defiling the Prosecutrix, hence the charge before court. Prosecutrix was medically examined by Dr. Katende and found to be aged 14 years.”

Facts put to accused.

He states: Correct


Court: Accused No.1 Nasuru Mukulu is convicted of                                   defilement C/S 129 (1) of the Penal Code, that is, as             amended by Act 8 of 2007.

J.P.M Tabaro
Judge
19-1-2008

Order:
Accused person is convicted of simple defilement,                           that is, not aggravated as that is so the accused                          shall be dealt with under the children (Family and                         Children Court) Rules, made under the Children Act                (Cap.59 Laws of Uganda), Section 94.

J.P.M. Tabaro
Judge
19-1-2009

Order: By virtue of S.6 of the Penal Code (Amendment) Act,                         2007 (Act 8 of 2007), the file shall be transferred to                     the Chief Magistrate’s Court Jinja. Since High                              Court has unlimited jurisdiction, the conviction                           would appear to be in accordance with the law.

J.P.M. Tabaro
Judge
19-1-2009

Court:   In order to avoid delay the file shall be sent to Jinja                            not later that 2-2-2009 when the matter will be                            before the Chief Magistrate Jinja for order under                          S.94 of the Children Act (Cap 59 Laws of Uganda).

J.P.M. Tabaro
Judge
19-1-2009

Order: A2, A3, and A4 shall be remanded in custody till the               next convenient session of the High Court.

J.P.M. Tabaro
Judge
19-1-2009