Minister Mao orders confinement of mentally ill inmate to mental hospital
The court heard that Muhindo could not understand the proceedings, prompting the judge to order that the matter be referred for appropriate action under the law.
Justice and Constitutional Affairs Minister Norbert Mao. (File)
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Justice and Constitutional Affairs Minister Norbert Mao has ordered the confinement in a mental hospital of a man who has been indicted for aggravated defilement after he was found to be of unsound mind and unfit to stand trial.
Mao’s orders for the confinement of Rubson Muhindo in a mental hospital are contained in a letter dated October 21, 2026, from Chief Registrar Agnes Alum to the assistant registrar, Kasese High Court, a copy of which New Vision has seen.
The 42-year-old Muhindo, a resident of Kizinga village in Kasese district, was indicted for sexually assaulting a six-year-old girl on January 21, 2024.
However, when the case came up for plea-taking and hearing during the High Court criminal session in Kasese on July 8, 2024, proceedings stalled after concerns were raised about his mental state.
The court heard that Muhindo could not understand the proceedings, prompting the judge to order that the matter be referred for appropriate action under the law.
Consequently, Muhindo was subjected to a mental examination at Fort Portal Referral Hospital.
In a report dated November 18, 2024, a psychiatric clinical officer, who examined Muhindo found him mentally challenged and thus unfit to stand trial.
Based on that report, Mao, pursuant to Section 45(5) of the Trial on Indictment Act, ordered that Muhindo be discharged from prison and confined in a mental hospital or other suitable place of custody.
According to Uganda Prisons Service spokesperson Frank Baine, they are stuck with over 32 mentally ill inmates across various facilities, who were charged with capital offenses such as murder, rape, or defilement but were not convicted due to unsound mind.
What next for the girl
With the release of Muhindo, the International Justice Mission (IJM) Uganda is working with the community development office in Kasese to ensure that the victim receives psychosocial support to recover from the trauma.
When contacted, IJM Communications lead Carol Natukunda confirmed the development, but declined to discuss details, citing the child’s privacy.
“Our focus is on the wellbeing, protection and recovery of the child. We are working alongside government social welfare structures to ensure that the survivor receives the support she needs to heal from the trauma of abuse,” Natukunda said.
She added that the effects of sexual violence on young children can be long-lasting and require sustained intervention.
“When a child experiences sexual abuse, the impact can extend far beyond the incident itself. It is important that survivors of sexual violence receive appropriate care and support to aid their healing and restoration,” she said.
Natukunda also noted that authorities have a responsibility to ensure that individuals, who pose a risk to children are appropriately managed in accordance with the law and relevant court and medical directives. “It is important that the necessary measures are taken to protect other children from harm while ensuring that the survivor continues to receive the support she needs,” she said.
The law
The defence of insanity is rooted in the principle that punishment is only justified where there is culpability, and that individuals who, by reason of mental illness or defect, are unable to understand the nature, quality, or wrongfulness of their actions cannot justly be held to the same standard of legal accountability as those who act with full mental capacity.
Importantly, a successful insanity defence does not result in acquittal and release. Rather, the accused is ordered to be detained as a criminal lunatic in a mental facility.
This aims to strike a balance between protecting the public and providing treatment and care for individuals who are mentally unwell.
Thus, the insanity defence serves not merely as a shield for the accused, but as a mechanism for ensuring that justice is administered humanely, proportionately, and in accordance with the mental condition of the offender.
The case
According to the case summary, Muhindo allegedly lured the six-year-old girl from her home with a promise to buy her something from a nearby shop. Instead, he reportedly took her to a cocoa plantation, where he allegedly defiled her.
The child’s mother grew worried when she noticed her daughter was missing. While searching, she reportedly heard the girl crying from the plantation and allegedly caught Muhindo red-handed sexually abusing the child.
She immediately reported to Bwera Police station, and the case was registered under reference number CRB 011/2024.
Consequently, Muhindo was arrested, charged with aggravated defilement, and committed to the High Court for trial on July 5, 2024.