Court name
High Court of Uganda
Judgment date
23 February 2012

Uganda v Bulira & Anor (HCCS-2009/202) [2012] UGHC 31 (23 February 2012);

Cite this case
[2012] UGHC 31

                                                                                                                      

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HOLDEN AT KOLOLO

          HCCS No. 202 of 2009

 

UGANDA ...............................................................................................PROSECUTOR

VERSUS

 

CHRISTIANO BULIRA                 

                            ::::::::::::::::::::::::;:;:::::::::::::::::::ACCUSED

CHRISTINE KARITUNDU                      

 

     

BEFORE HON. LADY JUSTICE CATHERINE BAMUGEMEREIRE

JUDGMENT

The two accused persons, Christiano Bulira (A1) and Christine Karitundu (A2) were indicted for Murder, c/s 188 and 189 of the Penal Code Act Cap 120 of the Laws of Uganda.

The brief facts of this case were as follows:

The deceased Winkle Wakaritundu alias Rutamirika and his wife Christine Wakaritundu now A2, were at all material times joint proprietors of a pub and health club known as Texas Club located at Nsambya in Kampala City. The couple lived in a rented property half a mile from their work place.

Christiano Bulira (A2), a Congolese national was a regular customer at Texas Club who had over time grown into a close friend of the proprietors due to the substantial income derived from his expenditure at the Texas Club. In addition A2 was a businessman who owned a mine in the Democratic Republic of Congo and traded in minerals in Uganda.

It is alleged that on the 15th of March 2008 at approximately 1.00a.m the deceased and his wife (A2) left Texas Club and drove home. Upon arrival the deceased was attacked as he walked out of his car towards the rear side of the house. During the attack, he suffered two deep cut wounds on the head and a fractured skull. A2 called the supervisor of Texas club for help and together drove the deceased to Nsambya Hospital. Approximately half an hour after arrival at the Hospital, Winkle Wakaritundu was pronounced dead by a doctor. The post mortem report revealed that the cause of death was haemorrhagic shock due to excessive bleeding.

It is the prosecution case that A1 and A2 had become so romantically involved that they desperately needed to get Winkle Wakaritundu out of the way so they could progress the relationship to the next level. They therefore hatched a plan to eliminate him permanently. It was also alleged that in furtherance of their plan, A1 and A2 enlisted the support of one Eric who has since disappeared and is still at large. After the Winkle’s death, A1 was actively involved in the funeral arrangements. He was however arrested on suspicion of the murder of the deceased just before the cortege left for Western Uganda. On the other hand, A2 was arrested three weeks after