High Court in Kampala has acquitted Sarah Nabikolo Sebunya, the wife of former Kampala businessman Eriya Bugembe alias Kasiwuka of the murder of her husband.
Justice Wilson Mulasu Museni made the unprecedented ruling in a fully packed court house, that Mrs. Nabikolo had no motive of killing her husband.
The Judge deduced that prosecution failed to bring before court any witness directly linking the widow to the murder of Kasiwukira.
He cited only one witness, one Byamukama who was on video and never showed up in court to testify.
The judge also noted that it was illogical for Nabikolo to kill her husband, the bread winner and father of her children.
He also based on the evidence provided in court by Kasiwukira’s brother John Gaye, who told court that by the time of the murder, the couple had reconciled of their differences, which prosecution had based on to pin the widow.
The witness told court that he personally was called to their house and reconciled the two.
Meanwhile, the other two suspects Ashraf Jadeni a police officer and Sandra Nankungu, Nabikolo’s sister were handed 22 years each in jail by the same court.
Justice Museni ruled that the police officer was according to several witnesses seen at the crime scene.
Nankungu was also found guilty because she was the owner of truck that was used to kill Kasiwukira.
The judge was suspicious on why she sold the vehicle only days before the murder took place.
The two will serve two years in jail, having been on remand for 2 years.
The suspects were arrested a few weeks after the death of the tycoon and were charged with murder at Makindye magistrates court in November 2014.
The state produced 23 witnesses pinning them, while they opted to defend themselves on sworn testimony but didn’t bring any other defense witness apart from themselves.
Two court assessors, in their opinion advised court to convict the three accused persons on grounds that the prosecution witnesses clearly brought up the level of participation of each of the three in this murder.
The other ingredients required by law to prove a murder offence like there was death of an individual, the death was unlawful and there was malice aforethought are not disputed by both sides; and the thus all the state had to do was prove that it was the accused persons that killed the deceased.