Sekandi Hassan v Uganda (Criminal Appeal No.12 of 2005)

Case No: 
(Criminal Appeal No.12 of 2005)
Media Neutral Citation: 
[2007] UGSC 12
Judgment Date: 
5 July 2007
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THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT MENGO

CORAM:   ODOKI, CJ; TSEKOOKO, MULENGA; KANYEIHAMBA AND KATUREEBE, JJ.SC.

CRIMINAL APPEAL No.12 OF 2005

SEKANDI HASSAN…………………………………… APPELLANT

VERSUS

UGANDA……………………………………………… RESPONDENT

[Appeal from the judgment of the Court of Appeal at Kampala
(Okello, Kitumba and Byamugisha, JJ.A) dated 15
th June, 2005,
Criminal Appeal No.156 of 2002]

JUDGMENT OF THE COURT

This is a second appeal from a decision of the Court of Appeal which upheld the conviction by the High Court of the appellant, Sekandi Hassan for murder contrary to sections 188 and 189 of the Penal Code Act. The High Court sentenced him to death.

The prosecution case was that the appellant and Rita Kemigisha, hereinafter called “the deceased” had been lovers since 1999. Both of them resided in Wakiso Trading Centre in different homes. The deceased, who was at the time of her death aged sixteen years, lived with her mother, Sarah Nalugya, (PW3) and her younger brother Patrick Busobozi (PW4). The appellant was a married man and had his own family and home.
Apparently during some evenings the appellant would stealthly go to