Man sentenced to death for killing lover
Dec 31, 2010
ANNET Nakiwala was found murdered on October 20, 2001, at Kawotto village, Kajjansi, Wakiso district. Some parts of her body were found near the shrine of a traditional healer, Edward Zimula.
By Kizito Musoke and Patrick Tumwesigye
ANNET Nakiwala was found murdered on October 20, 2001, at Kawotto village, Kajjansi, Wakiso district. Some parts of her body were found near the shrine of a traditional healer, Edward Zimula.
Other body parts were recovered from Makandwa village, five kilometres away.
Zimula was arrested along with Ibrahim Sekate, who was Nakiwala’s ex-husband. However, even after she had separated from her husband, Nakiwala and Sekate maintained contact and often spent nights together.
On the fateful night, Sekate allegedly picked his ex-wife from her sister, Agnes Naluta’s home at 8:00pm.
A third person, Patrick Lwanga Zizinga, was also later arrested.
Zizinga was Nakiwala’s lover and lived in Makandwa village, where other body parts were found. He was present in the village the day the body parts were found, but left the following day and disappeared for a month.
After four months on remand in Luzira Upper Prison, the traditional healer and the ex-husband were released for lack of evidence linking them to the murder.
Witnessses
One of the witnesses, John Mugarukira, said on October 19, 2001 at about 8.00pm, he saw a bodaboda cyclist dropping off woman near Zizinga’s house in Makandwa and she entered through the back door.
Another witness, Christine Nakatudde, testified that a woman, whom she knew as Zizinga’s lover and a frequent visitor to his house, went to her shop later that evening to buy sugar and bread.
A casual labourer, Sylvesto Sendegeya, said the deceased used to visit the accused and spend nights, especially on weekends. Sendegeya used to fetch water and clean the compound as the love birds had fun in the house.
Another witness, Abdu Mukasa said he saw the accused at his home in the morning on Saturday October 20, 2001 a day after the deceased’s body parts were found in the village.
Defence
Zizinga denied the accusations, saying the prosecution witnesses had grudges against him. He also said on the said dates of October 19 and 20 2001, he had gone to Wakaliga where his wife stayed and was not at his home in Makandwa.
He also denied having an affair with Nakiwala and said he only knew her as Sekate’s girlfriend. Zizinga hoped testimonies from the deceased’s family members would pin Sekate instead.
The deceased’s sister, Agness Nalutaya, said Sekate had picked her sister up the night she was murdered, saying they were going for the funeral of their son and was, therefore, the prime suspect. The judge later dismissed this testimony as untrue.
Meanwhile, her brother, Rogers Kasirye, testified that Nakiwala was beaten up by Sekate and his friends at the funeral. This Kasirye said, showed that Sekate had a grudge against the deceased.
Zizinga’s lawyer, Wycliffe Birungi asked court to acquit his client, saying the evidence of the prosecution witnesses was uncorroborated, contradictory, untruthful and unreliable. He stated that Zimula, who was accused of trying to grab Zizinga’s land, had mobilised people to provide false witness.
In cross-examination, Mugarukira testified that he had seen a lady enter Zizinga’s house that evening, but he did not know her, and that she was wearing a skirt, blouse and black shoes. “How could he recognise all that at night if he had no interest?†the lawyer asked.
Meanwhile, another witness, Tereza Sekadde, who was cross-examined testified that she had spent a month without seeing Zizinga, but later contradicted herself when she said she saw him on October 19, 2001.
She further testified that her house was in front of the accused’s home, but when court officials visited the place, it was found to be untrue.
The lawyer therefore concluded that the state had failed to prove that the accused disappeared from Makandwa village, had reason to kill the deceased and was present in the village on the day of the murder.
Judgement
On December 17, 2004, Justice Carolyne Atim Okello of Nakawa High Court sentenced Zizinga to death for murder.
The judge dismissed Nalutaya’s claim that Sekate picked up Nakiwala for a funeral, because had it been true, Nalutaya would have told mourners about it.
Also, since Nakiwala and Sekatte continued seeing each other after separation, the judge was convinced their relationship was not sufficiently bad to cast suspicion on him when Nakiwala died.
This left the guns pointing towards Zizinga. He was seen at his home the day the murder took place, but disappeared from the village after the incident.
The traditional healer and ex-husband were set free because there was no strong link between them and the murder. The judge said if the traditional healer had killed the woman, he would not have thrown her body parts on his own land.
The events
Nakiwala is murdered and her body mutilated
Her body parts are found near a shrine
A traditional healer, and her ex-husband are arrested
Testimonies
John Mugarukira
On October 19, 2001 at about 8.00pm, Muganukirahe saw a bodaboda cyclist dropping off a woman near Zizinga’s house in Makandwa and she entered through the back door.
Christine Nakatudde
Christine Nakatudde testified that a woman whom she knew as Zizinga’s lover and a frequent visitor to his house, went to her shop later that evening to buy sugar and bread.
Abdu Mukasa
Abdu Mukasa said he saw the accused at his home in the morning on Saturday October 20, 2001 after the deceased’s body parts were found in the village.
Sylvesto Sendegeya
Sylvesto Sendegeya said the woman used to visit the accused and spend nights, especially on weekends. Sendegeya used to fetch water and clean the compound as the love birds had fun in the house.
ANNET Nakiwala was found murdered on October 20, 2001, at Kawotto village, Kajjansi, Wakiso district. Some parts of her body were found near the shrine of a traditional healer, Edward Zimula.
Other body parts were recovered from Makandwa village, five kilometres away.
Zimula was arrested along with Ibrahim Sekate, who was Nakiwala’s ex-husband. However, even after she had separated from her husband, Nakiwala and Sekate maintained contact and often spent nights together.
On the fateful night, Sekate allegedly picked his ex-wife from her sister, Agnes Naluta’s home at 8:00pm.
A third person, Patrick Lwanga Zizinga, was also later arrested.
Zizinga was Nakiwala’s lover and lived in Makandwa village, where other body parts were found. He was present in the village the day the body parts were found, but left the following day and disappeared for a month.
After four months on remand in Luzira Upper Prison, the traditional healer and the ex-husband were released for lack of evidence linking them to the murder.
Witnessses
One of the witnesses, John Mugarukira, said on October 19, 2001 at about 8.00pm, he saw a bodaboda cyclist dropping off woman near Zizinga’s house in Makandwa and she entered through the back door.
Another witness, Christine Nakatudde, testified that a woman, whom she knew as Zizinga’s lover and a frequent visitor to his house, went to her shop later that evening to buy sugar and bread.
A casual labourer, Sylvesto Sendegeya, said the deceased used to visit the accused and spend nights, especially on weekends. Sendegeya used to fetch water and clean the compound as the love birds had fun in the house.
Another witness, Abdu Mukasa said he saw the accused at his home in the morning on Saturday October 20, 2001 a day after the deceased’s body parts were found in the village.
Defence
Zizinga denied the accusations, saying the prosecution witnesses had grudges against him. He also said on the said dates of October 19 and 20 2001, he had gone to Wakaliga where his wife stayed and was not at his home in Makandwa.
He also denied having an affair with Nakiwala and said he only knew her as Sekate’s girlfriend. Zizinga hoped testimonies from the deceased’s family members would pin Sekate instead.
The deceased’s sister, Agness Nalutaya, said Sekate had picked her sister up the night she was murdered, saying they were going for the funeral of their son and was, therefore, the prime suspect. The judge later dismissed this testimony as untrue.
Meanwhile, her brother, Rogers Kasirye, testified that Nakiwala was beaten up by Sekate and his friends at the funeral. This Kasirye said, showed that Sekate had a grudge against the deceased.
Zizinga’s lawyer, Wycliffe Birungi asked court to acquit his client, saying the evidence of the prosecution witnesses was uncorroborated, contradictory, untruthful and unreliable. He stated that Zimula, who was accused of trying to grab Zizinga’s land, had mobilised people to provide false witness.
In cross-examination, Mugarukira testified that he had seen a lady enter Zizinga’s house that evening, but he did not know her, and that she was wearing a skirt, blouse and black shoes. “How could he recognise all that at night if he had no interest?†the lawyer asked.
Meanwhile, another witness, Tereza Sekadde, who was cross-examined testified that she had spent a month without seeing Zizinga, but later contradicted herself when she said she saw him on October 19, 2001.
She further testified that her house was in front of the accused’s home, but when court officials visited the place, it was found to be untrue.
The lawyer therefore concluded that the state had failed to prove that the accused disappeared from Makandwa village, had reason to kill the deceased and was present in the village on the day of the murder.
Judgement
On December 17, 2004, Justice Carolyne Atim Okello of Nakawa High Court sentenced Zizinga to death for murder.
The judge dismissed Nalutaya’s claim that Sekate picked up Nakiwala for a funeral, because had it been true, Nalutaya would have told mourners about it.
Also, since Nakiwala and Sekatte continued seeing each other after separation, the judge was convinced their relationship was not sufficiently bad to cast suspicion on him when Nakiwala died.
This left the guns pointing towards Zizinga. He was seen at his home the day the murder took place, but disappeared from the village after the incident.
The traditional healer and ex-husband were set free because there was no strong link between them and the murder. The judge said if the traditional healer had killed the woman, he would not have thrown her body parts on his own land.
The events
Nakiwala is murdered and her body mutilated
Her body parts are found near a shrine
A traditional healer, and her ex-husband are arrested
Testimonies
John Mugarukira
On October 19, 2001 at about 8.00pm, Muganukirahe saw a bodaboda cyclist dropping off a woman near Zizinga’s house in Makandwa and she entered through the back door.
Christine Nakatudde
Christine Nakatudde testified that a woman whom she knew as Zizinga’s lover and a frequent visitor to his house, went to her shop later that evening to buy sugar and bread.
Abdu Mukasa
Abdu Mukasa said he saw the accused at his home in the morning on Saturday October 20, 2001 after the deceased’s body parts were found in the village.
Sylvesto Sendegeya
Sylvesto Sendegeya said the woman used to visit the accused and spend nights, especially on weekends. Sendegeya used to fetch water and clean the compound as the love birds had fun in the house.