The International Crimes Division of the High Court in Kampala has confirmed terrorism and murder charges against four men accused of shooting dead prosecutor Joan Kagezi in 2015 .
Lady Justice Alice Komuhangi Khaukha confirmed the charges against Daniel Kisekka Kiwanuka, John Kibuuka, aka Musa, John Masajjage aka Brian Mubiru aka Badru aka Chongo, and Nasur Abdalla Mugonole .
The evidence
During the pre-trial, prosecution led by Assistant DPP Thomas Jatiko provided some of the evidence it had that pinned the quartet.
According to the evidence, the late Joan Namazzi Kagezi on, March, 30, 2015 at Kiwatule, Nakawa Division in Kampala District, between 7:00 pm and 8:00 pm, was shot dead by unknown assailants who were riding on motorcycles while she had parked her official Motor Vehicle double cabin pickup registration number UG 0586J with three of her children at a roadside stall to buy fruits on her way home.
The assailants immediately fled the scene using the same motorcycles towards the direction of Najjera and disappeared.
Eye witnesses and first responders at the scene removed the deceased from her motor vehicle and rushed her to Mulago referral Hospital where she was pronounced dead on arrival.
In April 2015, Police arrested Kibuuka John from his residence at Nabweru South, Kawempe Division in Kampala District based on verifiable intelligence in connection with the murder of the deceased and other crimes he was suspected to have committed.
Kibuuka revealed that he had participated in the murder of the deceased with John Masajjage who lived in the same area with him but .
Masajjage had escaped to an unknown place and remained a fugitive until his eventual arrest in 2023. In August 2023, Police obtained information and leads on the location of Masajage and he was tracked and arrested from Wandegeya where he was doing business of boda boda riding.
Police investigations also established that , Kibuuka and , Nasur Abdalla Mugonole who were known associates of Masajage had been arrested, tried, convicted and imprisoned for different crimes they committed after the murder of the deceased and were serving in different prisons within the country by August 2023.
Masajage had at different times and places boasted and revealed to his friends and close associates that he participated in the murder of the deceased with Daniel Kisekka, Kibuuka and Mugonole and that the murder deal involved a lot of money and that it was organized from the Democratic Republic of Congo where the guns that they used were brought from.
In October 2023, Kisekka and another were arrested by police in Luwero in connection with a case of theft of property and while he was in custody, it was discovered that he was a person of interest who was wanted in connection to the murder of the deceased and was transferred to Kampala for interviewing.
During the interview, Kisekka confessed to having participated in the murder of the deceased together with Kibuuka, Masajage and Mugonole.
He informed the investigators that he and Mugonole formed the backup team for Kibuuka and Masajage to clear the escape route after the murder of the deceased.
Kisekka further revealed that he, together with, Kibuuka and Mugonole went to a witch doctor in Kayunga to perform rituals on them to protect and prevent them from being arrested for the murder of Kagezi.
The witch doctor identified by Kisekaa was traced and it was discovered that he was on remand in Luzira prison on allegations of committing an offence of defilement.
When interviewed regarding Kisekka’s allegations, the witch doctor confirmed that he had indeed performed rituals on Kisekka, Kibuuka and Mugonole immediately after the murder of the deceased to protect them from being arrested and that the three left his shrine after he had been paid for his services.
An identification parade was conducted at police and the witch doctor identified Kisekka, Kibuuka and Mugonole.
Investigators had also obtained and preserved mobile network clusters of all active MTN and Airtel mobile numbers which were within the vicinity of the scene of crime shortly before and at the time the deceased was murdered and made a report of the same.
The report revealed that mobile telephone numbers belonging to Masajage and Kibuuka and A.2 were located within Kiwatule between 7:00 pm and 7:30 pm on 30th March 2015.
Investigators also undertook a scene reconstruction with the help of Kisekka and a report was made.
In her ruling, Lady Justice Alice Komuhangi Khaukha said evidence by the prosecution is sufficient to prove that Assistant DPP Joan Namazzi Kagezi is dead, adding that eyewitness accounts and postmortem evidence show she died on gunshot wounds.
“ Therefore, the murder of Assistant DPP Joan Namazzi Kagezi as an ingredient of terrorism has therefore been proved by the prosecution to the required standard.”
According to the judge, Kagezi’s murder was an act of terrorism.
“I agree with the prosecution that a brutal armed attack on a senior government official, actively handling high-profile prosecutions and driving an official vehicle in which the assailants attack and proceed to check in the vehicle to confirm and ensure that the person is dead, was intended to send a message to the government. It also goes without saying that the attack also created a lot of fear in the public. Therefore, it is my finding that the evidence disclosed by the Prosecution is sufficient to prove this ingredient to the required standard.”
“Having considered all the evidence disclosed by the Prosecution, I find that there is sufficient evidence to establish substantial grounds to believe that each of the Accused persons committed each of the crimes they are charged with.”
