Court acquits father of aggravated defilement charges
The child reportedly disclosed that her father had also been sleeping with her and her siblings whenever their mother left home. The children were subsequently taken for medical examination.
Justice Karoli Lwanga Ssemogerere acquitted Byamukama after finding that the prosecution had failed to prove his participation in the alleged offences beyond reasonable doubt
KAMPALA - The High Court in Kabale has acquitted a 56-year-old man, Milton Byamukama, who was facing three counts of aggravated defilement involving his three children aged six, five and two years.
Justice Karoli Lwanga Ssemogerere acquitted Byamukama after finding that the prosecution had failed to prove his participation in the alleged offences beyond reasonable doubt
In a judgment delivered on November 6, 2026, the judge ruled that although medical evidence showed that two of the children had injuries consistent with penetration, the prosecution had not presented sufficient evidence linking Byamukama to the sexual acts.
Byamukama had denied the charges, which arose from alleged incidents in November 2019 at Kishanje village in Rubanda district.
Prosecution had alleged that Byamukama had performed sexual acts on his three children
During the trial, the court heard that one of the children, identified as U, reported to Nyaruhanga Child Development Centre with injuries on her ear.
A staff member at the institution, Christine Mbabazi, testified that the child told her that she had found her father sleeping with her sister and that he had injured her ear during a scuffle.
The child reportedly disclosed that her father had also been sleeping with her and her siblings whenever their mother left home.
The Kigezi regional police surgeon, Dr Daniel Ogurusi, testified that his examination of the six-year-old revealed a wider-than-normal vaginal opening, consistent with penetration, and evidence of repeated blunt trauma.
In the case of the five-year-old, the doctor found superficial injuries on the labia consistent with friction caused by a blunt object.
However, the examination of the youngest child revealed no injuries, with the genital findings being normal
The doctor also examined Byamukama and found him normal and fit to stand trial.
The prosecution called three witnesses, including the police surgeon, Mbabazi and police officer Kenneth Monday, who recorded statements from the children.
In his analysis, Justice Ssemogerere noted that no forensic samples had been collected from the accused or the children for further testing
He observed that prosecution had not presented forensic evidence linking Byamukama to the alleged offences
Byamukama, in his defence, denied the allegations and claimed that he had been framed because of a land dispute with his first wife, Winnie Tumwebaze.
He also told court that it was not possible for him to have sexually abused the three children at the same time and questioned the absence of digital and forensic evidence.
The judge said the prosecution had failed to investigate other possible suspects and collect exhibits that could have been subjected to DNA (deoxyribonucleic acid) analysis.
Justice Ssemogerere also noted that the trial took place more than seven years after the alleged offences and that the two children whose medical examinations showed injuries did not testify in court.
He, however, clarified that the failure of the victims to testify was not, on its own, sufficient reason to acquit an accused person.
The judge disagreed with the recommendations of the two assessors, Mercy Christine Kembabazi and Livingstone Ndyamutunga, who had advised court to convict Byamukama.
He said the prosecution had failed to establish the accused’s participation in the alleged offences to the required standard of proof.
The judge acquitted Byamukama on the third count because there was no evidence that the youngest child had been defiled.
He subsequently acquitted him on the remaining two counts, ordering that he be released forthwith unless held on other lawful charges.