Minor witness testimony can sustain murder conviction — Supreme Court

KAMPALA - The Supreme Court has ruled that circumstantial evidence and credible testimony from a minor can sustain a murder conviction, in the absence of a post-mortem report.

In a judgment delivered on January 30, 2026, a panel led by Justice Mike Chibita held that a post-mortem report is not always necessary where other non-medical evidence sufficiently proves an unlawful death.

The other justices on the panel were Elizabeth Musoke, Christopher Madrama, Catherine Bamugemereire and Monica Mugenyi.

The court made the pronouncement while dismissing an appeal by Farouk Ssemwanje, whose 17-year jail sentence, earlier upheld by the Court of Appeal, was maintained. Ssemwanje was convicted for the murder of Amon Matovu.

“We find that all the grounds of the appeal fail. We accordingly dismiss the appeal and uphold the decision of the Court of Appeal upholding the appellant’s conviction and the sentence it imposed,” Justice Chibita ruled.

Court records show that on the fateful day, Matovu was attacked at his home in Najjanankumbi, Kampala district, by four or five young men, including Ssemwanje and one Alex Wamala, the deceased’s grandson.

A key witness was Newton Kamoga, who was 13 years old when he testified on January 16, 2018. Kamoga, also a grandson of the deceased, lived at Matovu’s home with his siblings, including Wamala, the eldest.

On the morning of the incident, Wamala sent the younger siblings away to Masajja town. While the others went into an internet café, Kamoga, considered too young to enter, decided to return to his grandfather’s home.

Kamoga testified that on his return, he found Wamala and some of his friends, including Ssemwanje, whom he knew by appearance but not by name.

He told the court that the group appeared panicky and suspicious and tried to stop him from entering the house.

Kamoga nevertheless forced his way in and found his grandfather lying in one of the rooms, bound with a rope and gagged with a cloth. Kamoga said he untied him and went out to seek help from neighbours.

He told court that he later encountered Wamala and the others, who threatened to harm him if he reported what had happened.

Despite the threats, he reported the matter to a neighbour he identified as “Aunt Cathy.” They returned to the house and found Matovu in critical condition. He died shortly afterwards.

Several residents and relatives, including the deceased’s son, Bonny Bukenya, later arrived at the scene, and Police were notified.