Court convicts uncle of trafficking 13-year-old niece
Justice Alice Komuhangi found Sheikh Kamoga guilty of trafficking the girl for sexual exploitation, after establishing that he had taken her from her parents, housed her at his home and exercised control over her.
Sheikh Umar Muwonge Kamoga in court. (Photo by Barbra Kabahumuza)
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The High Court has convicted Sheikh Umar Muwonge Kamoga of aggravated trafficking in children after finding that he exploited his 13-year-old niece’s vulnerability and dependence on him for her education.
Justice Alice Komuhangi found Sheikh Kamoga guilty of trafficking the girl for sexual exploitation, after establishing that he had taken her from her parents, housed her at his home and exercised control over her.
The court heard that the girl was a niece of Sheikh Kamoga and that her parents could not afford her school fees.
Justice Komuhangi said the prosecution had to prove three ingredients of trafficking in persons: that the victim was below 18 years, that she was transferred or harboured for sexual exploitation, and that the offence was committed through deception or abuse of power.
The judge found that all the ingredients had been proved.
According to the court, Sheikh Kamoga first took the girl from her parents’ home and went to live with her, his wife and daughter at Nsubi Zone in Nansana Municipality, Wakiso district.
Court heard that Kamoga started paying the girl's school fees because she was of the same age as his daughter.
The court heard that in 2018, Sheikh Kamoga was taken to prison after he was allegedly charged with rape. After his return, he took the girl to stay with another uncle and promised to return for her, but did not.
The girl’s mother later picked her up, and they lived together in a rented one-room house in Kyebando, Nansana.
The court heard that Sheikh Kamoga again picked up the girl in 2021 and took her to live with him before enrolling her at Victoria Education Services, where his daughter was also studying.
Justice Komuhangi said the circumstances established that Sheikh Kamoga had transported and maintained the girl.
She told court that she became scared because she regarded Sheikh Kamoga as her father, having taken care of her education and provided for her.
The girl further testified that Sheikh Kamoga subsequently made sexual demands and told her it was time for her to repay the money he had spent on her.
She said he reminded her that her parents were poor and could not afford her school fees.
The court heard that Sheikh Kamoga later stopped paying her school fees during the second term.
The girl’s school balance reached sh1.38m, according to documents tendered in court.
Irene Byanjeru, a school chaplain, who testified as a prosecution witness, told court that the girl approached her when pupils with outstanding school fees were being sent home.
Byanjeru said the girl pleaded not to be sent home, telling her that she was not safe because her father was making sexual advances towards her.
The chaplain said she later received a call from the girl on November 16, 2023, asking her to rescue her because Sheikh Kamoga had threatened to enter her bedroom and have sexual intercourse with her.
Byanjeru said she went to the girl’s home at about 8:00pm with detectives from Nansana Police Station and rescued her.
In his defence, Sheikh Kamoga said the allegations of sexual abuse arose after the girl opposed his strict parenting style, including his refusal to allow her to stay with her friends.
However, Justice Komuhangi rejected the explanation and found that Sheikh Kamoga had power over the girl and had used her vulnerability and dependence on him.
She questioned why Sheikh Kamoga, after initially taking the girl from her parents to help her, did not return her to them when financial difficulties arose, but instead took her to another uncle.
The judge also questioned why restrictions had been placed on the girl’s mother from accessing her daughter.
“I find the accused guilty of aggravated trafficking in children,” Justice Komuhangi ruled.
The prosecution asked the court to sentence Sheikh Kamoga to life imprisonment, arguing that the offence was grave and was committed in a domestic setting where he had control over the victim.
The defence, led by Senior State Attorney Samuel Ejok, asked for leniency, saying Sheikh Kamoga had cared for the girl for seven years and paid her school fees.
The defence said Sheikh Kamoga was remorseful and still considered the girl his daughter, and that he also wanted to continue supporting her education so that she could become a family lawyer.
The defence further asked court to consider the period he had already spent on remand.
Justice Komuhangi sentenced Sheikh Kamoga to the two years, three months and 22 days he had already spent on remand, which she said was sufficient time for him to reform.
The judge said she had taken into account his remorsefulness, including his act of kneeling before the victim to ask for forgiveness.
Sheikh Kamoga was subsequently discharged.
The court also ordered that a smartphone he had bought for the girl, which had been exhibited in court, be returned to him.
Sheikh Kamoga cried and knelt before the judge to thank her.