SFC soldier, 3 civilians on trial over murder in Mayuge

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The division court martial of the first Special Force Command (1SFC) has commenced the trial of a Special Forces Command (SFC) officer under the Uganda People’s Defence Forces (UPDF).

The soldier is on trial alongside three civilians suspected to have shot dead five family members, leaving four injured in Mayuge district.

Pte. Robert Herberston Birivumbuka and his said accomplices appeared before Lt. Col. Moses Nabasa on Monday (October 28, 2024) during an ongoing session at Nawanvubu village, Buwaaya sub-county in Mayuge.

Court heard that RA/250302 Birivumbuka aka Kaba and the trio, Patrick Tagaba, 66, his paternal uncle; Sharif Mudhasi, 33, who is the soldier’s brother and Medie Muwubia, who operates a saloon, all residents of Namatale village, committed the offence on June 29, 2024.

From left, Birivumbuka, Tagaba, Mudhasi and Muwubia appearing before the Lt. Col. Moses Nabasa of the division court martial of the 1special force command convening in Mayuge. (Photo by Jackie Nambogga)

Prosecution led by Lt. David Basiima read the 10 counts that were preferred against the accused persons ranging from murder, attempted murder and conspiracy to commit murder. They all denied the charges.

What happened?

On the fateful evening, at about 9:00 pm, Birivumbuka, attached to 206 Brigade, a resident of Rwehendire Barracks in Kiruhura district, who is said to have been embroiled in a long-standing family land wrangle, allegedly raided the home of his paternal uncle, Isaac Buyinza Mudhasi, 39 and killed him alongside his four children, including Nicholas Musasizi, 16; Elesi Kafuko 15 and Resty Kantono 13 who all died on the spot.

Meanwhile, the fifth child, Isaac Kitibwa Mudhasi, 6, who was among those rushed to Iganga Hospital succumbed to bullet wounds.

Mudhasi’s wife, Jessica Timujibwa, 34, and her young sister Viola Kyakuwaire, 30, who had on the fateful day paid them a courtesy visit, survived with injuries including the children, Harriet Kyozira and Hellen Kisakye.

During the burial of the five family members, Third Deputy Prime Minister Rukia Isanga Nakadama conveyed President Yoweri Museveni’s condolence of shillings 10 million towards the burial and medical expenses.

Nakadama, who is also the area woman MP, together with Resident District Commissioner Elijah Madoi, assured residents that the assailants would be brought to book and also be arraigned at the scene of the crime if the court deemed it necessary, which later came true.

Walking in handcuffs before the court, the accused persons were paraded before the public where Basiima, who was flanked by the defence lead counsel, lined up 18 witnesses to testify in the matter.

The testimonies

Buwaaya LC3 chairperson Hussein Kamaali was the first to testify against Birivumbuka.

Kamaali pinned Birivumbuka to have fired bullets at the nine family members due to their land dispute which was portioned to them by their late father who is said to have given a bigger portion to the deceased.

He said the deceased was the brother of Patrick Tagaba, the father to Birivumbuka who expressed dissatisfaction with being given a small portion hence sparking a disagreement.

Kamaali said he attended several family meetings aimed at mediating and uniting them but they later fell apart until he referred the matter to Mayuge district Police Station.

Kamaali said at one time, the deceased reported to his office how unknown people waylaid Buyinza in a junction as he returned from catching white ants in the night, but he sounded an alarm forcing them to flee but in the process, they abandoned a pair of plastic sandals (bidico) with a panga.

He said it was later established that the sandals belonged to Sharif Mudhasai, Tagaba’s son who was taken to the Police but after confessing, the deceased forgave him being his paternal uncle.

Also, Kamali testified that Birivumbuka’s mother died and the father linked his wife’s death to Buyinza brewing more conflicts and that the soldier kept vowing revenge.

Others who testified included Siraji Tenywa Isabirye, the LC1 chairperson of Nawanvubu; Edward Balidawa, the LC11 Namatale parish; Mirabu Namukose and Derick Basalirwa, Buyinza’s sister-in-law and his son, respectively.

Namukose said while she was standing in the doorway, she saw a man walking straight into the house in black heavy-duty shoes covering his face and began shooting at random but she managed to take cover.

Meanwhile, Basalirwa recounted how he managed to hide behind the door and saw the assailant walking into the house before heavy shooting as smoke emerged from their house.

Basalirwa told the court that he suspected the assailant to be Birivumbuka because he knew his stature and the way he walked.

According to Maj. Jimmy Denis Omara, the SFC spokesperson, the session would proceed on Tuesday with more witnesses.

Other members on the panel include the defence counsel Leut. Hirald Rugyendo and judge advocate, Capt. Hassan Yakub Mulyante among others.