KAMPALA | COURT | ACQUITS | KAMYUKA

A businessman accused of stabbing to death Johnny Ahimbisibwe, at Club Guvnor in Kampala has been acquitted of manslaughter.

High Court judge Wilson Kwesiga had sentenced Ivan Kamyuka to five years imprisonment for manslaughter leading to the death of Ahimbisibwe.

However, the Justices of the Court of Appeal: Elizabeth Musoke, Christopher Gashirabakt, and Eva Luswata, today (February 8, 2023) acquitted Kamyuka of manslaughter, noting that he acted in self-defense to protect his wife, Nima Nyarwaka.

“Although the altercation happened in a public place, no proof was advanced that the fighting was mutual or that Kamyuka provoked it." "We have agreed with Kamyuka that he acted in self-defense and under provocation,” Musoke said.

The judges agreed with Kamyuka’s lawyer, Julius Galisonga, that the prosecution's evidence could not sustain a conviction for manslaughter.

“Although there is strong evidence by both sides that Kamyuka fought with the deceased, we are unable to prefer the lesser charge of affray created under Section 79 of the Penal Code Act,” Musoke ruled.

The court heard that there was a scuffle between the deceased and the wife of the accused. Kamyuka reverted under provocation to defend his wife, who was seriously injured and bleeding.

“Kamyuka used reasonable force by returning a blow upon a blow. He was using force commensurate to the attack. He did not as the trial Judge found, have to wait for the aid of a mediator or security personnel to defend himself,” Musoke said.

Background

The prosecution says on August 2, 2015, at about 3:00 am in the Guvnor night club, Industrial area, Kampala, Kamyuka got involved in an altercation with the late Ahimbisibwe, accusing him of beating his wife.

Subsequently, the two exchanged blows, resulting in Ahimbisibwe getting injured. Ahimbisibwe was later rushed to Case Medical Centre in Kampala, where he was pronounced dead upon arrival.

During the trial, witness Sam Ssali, a car dealer in Makindye, Kampala, testified that on a fateful night, he saw Ahimbisibwe staggering after being punched by Kamyuka.

“I tried to rescue Ahimbisibwe, whose clothes were stained with blood, and took him to the bar counter." "People ran away except Kamyuka, a lady, and somebody identified as Patrick,” he testified.

Charity Kyomuhendo (Ahimbisibwe’s sister) told the court that the murder of her brother could have stemmed from the paternity row he had with Nyarwaka.

She revealed that Ahimbisibwe had told her that Nyarwaka had given away his child to another man.