Court convicts man of murdering former girlfriend
The prosecution presented six witnesses, including Ashabirwe's mother, Mary Katusingure, who told the court that she was returning home at about 7:30 pm when the Defence Secretary, Herbert Magezi, informed her that her daughter had been killed.
Justice Karoli Lwanga Ssemogerere found Niwaha guilty of murder after ruling that the prosecution had proved all the ingredients of the offence beyond reasonable doubt.
KABALE - The High Court in Kabale has convicted a 22-year-old man, Abel Niwaha, of murdering his former girlfriend, Gift Ashabirwe, in Kabale district.
Justice Karoli Lwanga Ssemogerere found Niwaha guilty of murder after ruling that the prosecution had proved all the ingredients of the offence beyond reasonable doubt.
In a judgment delivered on November 6, 2026, the judge said evidence from witnesses placed Niwaha at the scene of the crime and linked him to the killing.
The court heard that Ashabirwe was killed on October 29, 2021, at Mabungo village, Ntarabana parish, Buhara subcounty, in Kabale district.
The prosecution alleged that Niwaha, together with another person, attacked Ashabirwe and caused her death.
According to the postmortem report admitted in court, Ashabirwe died from deep tissue injuries that caused excessive bleeding and a skull fracture.
The prosecution presented six witnesses, including Ashabirwe's mother, Mary Katusingure, who told the court that she was returning home at about 7:30 pm when the Defence Secretary, Herbert Magezi, informed her that her daughter had been killed.
She said she rushed to the scene and found Ashabirwe lying in a pool of blood. The deceased was taken to Kabale Regional Referral Hospital, where she later died.
He testified that he recognised Niwaha and Ashabirwe before hearing her raise an alarm.
He said that when they attempted to return to the scene, one of the men chased them away. They subsequently reported the incident to Magezi, who contacted soldiers at Rushumu Barracks.
Natukunda also testified that he saw two men beating Ashabirwe, although he did not identify Niwaha as one of the people who attacked her.
The court further heard that police recovered two suspected murder weapons, an axe and a hollow metal pipe, during investigations.
Scene of crime officer Prosper Mugisha testified that he visited the scene, conducted a reconstruction and took photographs. He also prepared a sketch plan of the scene, which was admitted into evidence.
Police officer Francis Kukundakwe told the court that Niwaha and another suspect reported themselves to police during investigations.
He testified that the other suspect disclosed that Niwaha had approached him for assistance in beating Ashabirwe.
According to the officer, Niwaha allegedly used an iron bar while the other suspect had an axe.
In his defence, Niwaha denied the murder and told the court that he was working as a mason at a construction site in Butobere, Kabale Municipality, on the night Ashabirwe was killed.
He said he learnt about the murder from his cousin, Ignatius, who informed him that he was among the suspects being sought by police.
Niwaha admitted knowing Ashabirwe, saying they had grown up together and attended the same school.
However, Justice Ssemogerere rejected his alibi, saying the prosecution evidence placed him at the scene of the crime.
The judge relied on the testimony of Turyagumanunawe, who said he had known Niwaha since childhood and recognised him at the scene despite it being dark.
The court also considered evidence about the motive for the killing, the weapons used and the injuries sustained by the deceased in determining whether malice aforethought had been proved.
Justice Ssemogerere agreed with the joint opinion of the two assessors, Regis Byaruhanga and Grace Kamazoba, who had recommended that Niwaha be convicted of murder.
He ruled that the prosecution had proved that Ashabirwe had died, that her death was unlawful, that it was caused with malice aforethought and that Niwaha had participated in the killing.
The judge accordingly convicted Niwaha as charged and scheduled sentencing for seven days after the judgment.