Sarah Nabikolo, the widow of city businessman Eriya Bugembe Sebunya alias Kasiwukira is a free woman after High court acquitted her of his murder on Wednesday.
Court ruled that she wasn’t involved in his murder, though her co-accused, including her cousin Sandra Nakungu and Ashraf Jaden a police officer attached to Muyenga Community Police Station were convicted of the businessman’s murder and served a sentence of 22-years in prison each.
Kasiwukira who made a name through buying rights to musicians albums and retailing them, passed away on the morning of October 17, 2014 as he was jogging in the posh Muyenga suburb. The car which hit him sped off after the incident and Police considered it an “intentional run over.”
Two months after conducting investigations, Nabikolo, Nakungu and Jaden were charged with murder.
Court ruled that Jaden drove the car, a Mitsubishi Pajero UAE 018A belonging to Nakungu, therefore the two had a common intention to kill the businessman. The same court ruled that Nabikolo was not involved in the murder, hence setting her free. There was no evidence brought into court linking her to the murder.
The court case read like a good Hollywood thriller with sub plots like marital problems and witchcraft in the mix. Kasiwukira’s wife admitted there were problems but she said she had resolved them. “I would never kill my husband,” she said.
During one of the trial hearings in May this year, court heard that Kasiwukira used to practice witchcraft and had brought mayembe (ghostly spirits) that were demanding a blood sacrifice of someone close to him. Apparently, the spirits demanded that Kasiwukira either kills Nabikolo or her children, prompting her to act faster.
Court also heard that she paid the killer Shs30m.
However court also heard during her defence that by the time of Kasiwukira’s passing, he had resolved his differences with Nabikolo and even bought her a new house and a car which was a sign that they had made peace and she had no motive to kill him.
During the judgement, Nabikolo walked free. One of the reasons is that she hired a really good lawyer, MacDusman Kabega. Kabega is referred to as the “devil’s advocate” in the legal circles because he has won many “unpopular cases.”
Kiyingi murder case
Nabikolo’s acquittal is just another victory in the bag for Kabega who has an impressive CV.
In December 2006, Australian based cardiologist Dr. Aggrey Kiyingi was acquitted of charges of murdering his wife Robinah. Kiyingi had been accused of hiring three hit men to do the job but Kabega successfully argued that “the evidence” presented by the three state witnesses was based on just suspicion.
“Once it [evidence] collapses, the charges against the accused also collapse. A chain is only as strong as its weakest point,” he said. Kabega managed to punch holes into this evidence and Kiyingi was acquitted.
Kato Kajubi murder case
It took President Museveni’s intervention to call for the Director of Public Prosecution (DPP) to revive the case which led to the life sentence of businessman Godfrey Kato Kajubi over the murder of a 12-year-old boy in a ritual sacrifice. Hadn’t the president intervened, Kajubi would be a free man as Kabega had successfully defended him in court during the famous 2008 trial.
Witchdoctors Umar Kateregga and his wife Mariam Nabukeera admitted to killing Joseph Kasirye, a pupil of Kayugi Primary School in Masaka district, for ritual purposes after being contracted by Kajubi. The suspects turned state witnesses went on to testify the gory details saying Kajubi cut off Kasirye’s head and genitals and disappeared with them to be used in rituals for his real estate businesses in Kampala, Jinja and Masaka.
Kabega secured victory for his client arguing that the state witnesses, Kateregga and Nabukeera, were unreliable since they were making contradictory statements.
“Kateregga is a villain, rascal, great confessed liar and an accomplice in the murder of the boy, whose evidence against the accused should not be believed at all,” Kabega was quoted by The Observer. The trial judge ruled in his favour.
Kajubi was however sentenced to life in 2012 after the State won the appealed the case.
Ramathan Magara sentence reduced to manslaughter
One of Kabega’s victories was saving Special Police Constable Ramathan Magara from hanging. Magara had opened 14 rounds of ammunition and indiscriminately shot at a crowd, killing two party supporters at a 2006 FDC rally in Bulange Mengo, a very emotional case as the crime was committed at the seat of the Buganda Kingdom.
Since he had committed the crime in full view of the public with press cameras rolling, everyone thought Magara was headed to the gallows, but Kabega managed to convince court that he acted in self-defence and he was given two seven year sentences served back to back. Kabega was quoted by the press saying he was satisfied with the ruling.
However it hasn’t always been victory for Kabega as he lost the trail of former Arua Municipality MP Akbar Godi who was convicted for murdering his wife Rehema Caeser. Kabega however convinced court that Godi acted in self-defence and he was served a lighter 25 year jail term instead of life or death sentence.
Kabega pulls out of Nsenga murder case
When Kabega is representing a murder suspect, there is a high likelihood that they will get off the hook because he has mastered criminal law over the years. Little wonder he pulled out of the case of Jackie Uwera Nsenga who was accused of murdering her husband Juvenal Nsenga, citing threats to his life. Kabega who was representing Uwera, who was accused of fatally knocking Nsenga at the entrance of their Bugolobi home on January 10, 2013 received a letter threatening his life in case he went on to represent the accused in court. “These threats could have been real or empty, but we decided that it was in our best interest to withdraw from the case,” Kabega wrote to police chief Kale Kayihura informing him of his decision to quit the case. Uwera was served a 20 year jail term at the conclusion of the trial.
Corruption cases
Away from murder, Kabega is also the go to man for high ranking public officials linked to corruption. He was the attorney for former Health Ministers Jim Muhwezi, Mike Mukula and Dr. Alex Kamugisha who were accused of misappropriating Shs1.6bn Global Alliance for Vaccines and Immunisation (GAVI) funds in 2007.
Court, on July 31 2012, ruled that Muhwezi and Kamugisha had no case to answer, but Mukula, was asked to account for Shs210m of the 263m he has allegedly withdrawn on behalf of First Lady Janet Museveni for the treatment of children infected with HIV/Aids, malaria and tuberculosis and he was sentenced to four years in prison. However, he was acquitted after appealing the verdict.
Kabega also successfully defended former Vice President Gilbert Bukenya in the anti-corruption court over abuse of office. Bukenya was accused of influencing the award of the contract to supply 80 BMWs and 1200 police rider motorcycles used during the 2007 Commonwealth Heads of Government Meeting (CHOGM), to Motor Care Uganda in total disregard of procurement laws.
Kabega also represented Geoffrey Kazinda, the former Principal Accountant in the Office of the Prime Minister in one of Uganda’s most publicised corruption cases. Kazinda was in 2013 sentenced to five years for abuse of office, two years for forgery and another two years for unlawful possession of government stores, all served concurrently. Kazinda’s troubles are far from over as he still battles other charges including illicit enrichment as his Bukoto property valued Shs3billion and cars worth Shs769m were disproportionate to his income.
Kazinda’s 69 counts of corruption charges relate to misappropriation of Shs5.4billion meant for post war reconstruction in northern Uganda and Karamoja.
His trial resumes this month.
In the recent past, Kabega was one of the six private lawyers who partook of Shs1billion in legal fees from the Electoral Commission, which they represented in former Presidential Candidate Amama Mbabazi’s petition challenging President Yoweri Museveni’s February 18, election victory. The Supreme Court upheld the results of the election.