Lawyer petitions court to block Kajubi's trial in Supreme Court

COURT|MURDER|CRIME

KAMPALA - A city lawyer has petitioned the Constitutional Court, seeking to halt the trial of businessman Godfrey Kato Kajubi in the Supreme Court.

In 2012, Kajubi was convicted of murder and sentenced to life imprisonment after he was found guilty of killing 12-year-old Joseph Kasirye, a pupil of Kayugi Primary School in Mukungwe sub-county in Masaka district, for ritual purposes.

Prosecution says Kajubi lured sorcerer Umar Kateregga and his wife Mariam Nabukeera to cut off Kasirye's head and genitals and he (Kajubi) disappeared with them to be used in his real estate businesses in Kampala, Jinja and Masaka.

In a petition filed at the Constitutional Court Thursday (December 3, 2020), Musa Sembajja wants Kajubi's trial halted, pending determination of the constitutional petition and an application for a re-trial scheduled for March 11, 2020 before Justice Victoria Katamba.

Sembajja, who describes himself as a citizen of Bukomansimbi district, sued the Director of Public Prosecution (DPP) and the Attorney General, who is the chief legal adviser of government.

He argues that Kajubi was subjected to unfair trial in contravention of the provisions of Article 28 (1) and 44 (C) of the Constitution.

The sections provide that in determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy, and public hearing before an independent and impartial court or tribunal established by law.

Sembajja contends that Kajubi's former co-accused, Kateregga and Nabukeera were wrongly brought to court by the DPP as accomplice witnesses during re-trial.

"Discharging the two of murder by the DPP for purposes of bringing them as witnesses are in contravention of the Constitution," he asserts.

According to the lawyer, the two did not qualify to be brought as accomplice witnesses and that there was no need to consider their evidence.

Sembajja submits that his application has a high likelihood of success because it discloses non-compliance with the directives of the Court of Appeal when it ordered for a re-trial, which also calls for constitutional interpretation.

"There is a divergence of opinion in the courts of judicature or amongst members of the bench and also within the institution of the DPP as regards to the applicability of Section 102 (b) of the Uganda Evidence Act Cap 6 or as to whether Kajubi's former co-accused are accomplice witnesses," the lawyer said.

Sembajja emphasised the need to stop the Supreme Court from delivering the judgement to avoid another injustice and setting a bad precedent in determination of cases that may arise in future similar to that of Kajubi.

Background

In 2009, High Court in Masaka presided over by retired justice Moses Mukiibi assumed Kateregga and Nabukeera as accomplice witnesses and convicted Kajubi of murder.

However, three Court of Appeal Justices set aside the judgement and ordered for Kajubi's re-trial. The justices were the late Amos Twinomujuni, Steven Kavuma, and Augustine Nshimye.

According to the justices, the trial judge and prosecution wrongly assumed that the two are accomplice witnesses.

The court further held that there was no need to consider the issue of corroboration of evidence of the two people.