Magara murder: Court orders entities to release suspects’ details

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The High Court in Kampala has ordered three entities to furnish it with information relating to the twin brothers who are part of the eight people facing trial over the kidnapping and murder of Susan Magara.

The institutions are the National Identification and Registration Authority (NIRA), Uganda National Examinations Board (UNEB), and Old Kampala Senior Secondary School.

High Court judge Alex Mackay Ajiji issued the order on Thursday (October 2), following an application by chief state attorneys Joseph Kyomuhendo, Sherifah Nalwanga and Irene Nakimbugwe, who are prosecuting the matter.

“This court hereby orders NIRA, UNEB, and Old Kampala Senior Secondary School to furnish it with the details relating to Hassan Wasswa and Hussein Kato Miiro because it may be beneficial in determining this case,” said Ajiji.

Citing his birth certificate, Wasswa in his defence claimed that he was below 18 years at the time of his arrest in 2018. He testified that he was born on January 5, 2002, which implies that he was 16 at the time.

However, the prosecution disputes it, arguing that he was already 18 years old. 

Therefore, the information from UNEB, NIRA and Old Kampala SSS is required by the court to ascertain the twin brothers' actual age.

Under the law, while the age of criminal responsibility is 12 years, Wasswa and Kato would have been detained in a juvenile prison until celebrating their 18th birthday.

Others accused include Hajara Nakandi, Yusuf Lubega, Mahad Kisalita, Abbas Musa Buvumbo, Abubaker Kyewolwa, Ismail Bukenya and Muzamir Ssali. They have been on remand since 2018. 

In April this year, the court found that they had a case to answer and were accordingly ordered to defend themselves.

Lawyers Richard Kumbuga, John Kabagambe, Peter Wanda and Zaina Nabukenya represent the accused persons on state brief. Hearing of the case resumes on October 14.

The judge has also ordered the defence lawyers to share the list of their witnesses with the prosecution for proper coordination.

Nakandi had objected to revealing the details of their witnesses, arguing that the state wanted to threaten them. Allaying her fears, the judge said the court will deal with it accordingly.

The case

Susan Magara, the 28-year-old daughter of businessman John Magara, was kidnapped on February 7, 2018 along Kabaka Anjagala Road in Mengo, a Kampala suburb as she drove back to her home about three kilometers away.

Her kidnappers then contacted her family and demanded one million US dollars (about 3.65 billion shillings) as ransom.

Despite the family having delivered $200,000 (about 700 million shillings) to the ransom seekers, Magara was brutally murdered by her captives. Three weeks later, on February 27, 2018, her body was recovered from Kigo in Wakiso district, where it had been dumped.

The prosecution alleges that the accused and others still at large on February 7, 2018 kidnapped Magara with intent to procure a ransom for her liberation from the danger of being murdered.

The indictment indicates that Magara was a victim of a ransom scheme hatched by Yakub Byensi, a former Allied Democratic Force (ADF) combatant who hails from Bunyoro just like Susan and that he was known to her family.

Armed with the information, the suspects, according to the prosecution team, started trailing her until they kidnapped her. The suspects allegedly first held her at accused Nakandi’s home in Nateete and later to accused Bukenya’s home in Konge II in Makindye Division, Kampala.

Magara's two fingers were chopped off and sent to her family to show them how determined they were to kill their daughter if the ransom money was not paid.

The indictment indicates that the suspects resolved to kill her because releasing her would expose them.

Prosecution says the suspects used part of the money to procure several motor vehicles and land in Buikwe and Luwero districts, respectively.