Prosecution failed to prove case against Kirumira, Mbabazi’s murder suspects -Assessors

By Rachael Najjuma

28^th March 2023

The Assessors at the High Court criminal division in Kampala have recommended the acquittal of Abubaker Kalungi, the sole suspect in the murder of Assistant Superintendent of Police Muhammad Kirumira and his friend Resty Nalinya Mbabazi.  

The assessors, Jackline Nafula and Jackline Nabufu, gave their joint opinion before Justice Margaret Mutonyi, Kalungi, the defense lawyer, Zephaniah Zimbe, and the prosecution team.

The assessors stated that the prosecution had proven three out of four ingredients of murder, namely, that there was death, the death was unlawful, and there was an ill intention or malice aforethought.

However, they noted that the prosecution had failed to prove the fourth ingredient of participation, as they could not place Kalungi at the scene of the crime.

Additionally, the assessors observed that the charge and caution statement in which Kalungi had reportedly confessed to participating in the double murders was executed after torturing him.

Police form 24, which recorded the doctor’s examination of Kalungi days after he had signed the statement, showed visible bruises and healing wounds on his body.

Kalungi denied the crime, claiming that he was working in Ndejje near his home on the day of the murders, and spent the night with his family.

As a result, the assessors asked the court to find Kalungi innocent and acquit him of the murder charges.

It should be noted that in Uganda’s criminal jurisprudence, assessors are appointed to advise the judge, and their opinion does not bind the judge in any way.

On Monday, Judge Mutonyi provided guidelines to the assessors on how to issue their opinion and briefed them on the evidence presented by both parties.

Kirumira was shot dead with his female friend in Bulenga, Wakiso district, on September 8, 2018.

Hamza Mwebe was also arrested and charged in connection with the case, but he was acquitted in December 2022 after the prosecution failed to prove his involvement.

The court has set April 24th, 2023 as the date for the delivery of judgment.