High Court confirms four-year jail term for woman over sh89m fraud
Justice Paul Gadenya Wolimbwa upheld the conviction of Margret Nabayinda for conspiracy to defraud and obtaining money by false pretences.
Nabayinda was convicted by the Chief Magistrate’s Court of Buganda Road, sitting at the Law Development Centre, and sentenced to four years’ imprisonment on each count, with the sentences running concurrently.
The High Court in Kampala has upheld the conviction and four-year concurrent prison sentences imposed on a woman who defrauded a midwife of money and property worth Sh89m.
Justice Paul Gadenya Wolimbwa upheld the conviction of Margret Nabayinda for conspiracy to defraud and obtaining money by false pretences.
Nabayinda was convicted by the Chief Magistrate’s Court of Buganda Road, sitting at the Law Development Centre, and sentenced to four years’ imprisonment on each count, with the sentences running concurrently.
The magistrate deducted the one year, one month and five days Nabayinda had spent on remand, leaving her with two years, 10 months and 25 days to serve.
In a ruling delivered on September 21, 2026, Justice Wolimbwa upheld the conviction and sentences after reviewing the entire trial record.
The court heard that between July and November 2020, Nabayinda, together with Moses Katongole, also known as Katongole Zubairu, and others still at large, conspired to defraud Immaculate Namaganda, a midwife from Nansana West.
According to the evidence, Nabayinda introduced Katongole to Namaganda as her son and a person with healing powers after the complainant developed a severe headache.
Katongole allegedly told Namaganda that charms had been placed at her clinic, home in Kasubi and properties in Kyebando and Kawuku.
The properties were sold for Sh17m at Kawuku, sh24m at Kyebando and sh20m at Kasubi. She also handed over Sh28m in cash.
Justice Wolimbwa said the Sh89m figure comprised the proceeds from the three properties and the sh28m cash.
The court also heard that household property, including mattresses, televisions and bedding, was removed from Namaganda’s home.
The judge said the prosecution evidence showed that Nabayinda played an active role in the scheme.
Justice Wolimbwa said the prosecution’s case was supported by evidence from Namaganda’s sons, the investigating officer and witnesses to some of the property transactions.
He cited evidence that the Kawuku property, which was valued at about sh25m, was sold for sh17m, while the Kasubi property was sold for sh20m and resold on the same day for sh35m.
The judge said Nabayinda’s bare denial did not raise reasonable doubt against the prosecution evidence.
“I am satisfied that the second count was likewise proved,” Justice Wolimbwa said.
He also found that the trial had been conducted regularly and that Nabayinda had been represented by counsel from the Law Development Centre Legal Aid Clinic at various stages.
The trial magistrate had ordered the compensation but directed that the amount be reduced by whatever amount the former co-accused, Christine Biwaga, had paid in compensation.
Justice Wolimbwa said the order was uncertain because it did not state the amount allegedly paid by Biwaga or provide a procedure for establishing the payment.
He directed another Grade I Magistrate at the Chief Magistrate’s Court at the Law Development Centre to determine the specific amount Nabayinda should pay after hearing both parties and receiving evidence of any compensation paid by Biwaga.
The judge also criticised delays in the trial, noting that Nabayinda took a plea on June 2, 2021, but judgment was not delivered until April 29, 2025.
He noted that the case had been called more than 20 times without evidence being taken, often because the prosecution had no witness, police file or investigating officer in court.
Justice Wolimbwa further noted that exhibits recovered during two searches went missing at Old Kampala Police Station and were never produced in court.
He said the prosecution was eventually forced to close its case without the investigating officer, who had been summoned to court.
The judge, however, said the conviction was safe and confirmed the sentences.
The case file was remitted to the Chief Magistrate’s Court of Buganda Road for execution and determination of the compensation payable to the complainant.