Sandra Ainebyoona.
KAMPALA, 14th September 2023 – The trial of Uganda v Kasolo Corporiyanamu, a case that has held the nation’s attention, is approaching its conclusion before Hon. Justice Isaac Muwata. Today September 14th, Justice Muwata summarized the case and provided crucial guidance to the assessors who will soon deliver their opinion.
In a methodical fashion, Justice Muwata delineated the critical legal issues at the heart of the trial. For the counts related to the abduction leading to murder, the prosecution bore the weight of proving four pivotal elements: the unlawful abduction of Nagirinya Maria and Kitayimbwa Ronald, the use of force, fraud, or coercion in their abduction, the victims’ abduction against their will, and the active participation of the accused.
When it came to the counts of murder, the prosecution needed to establish the tragic death of the victims, the fact that their deaths resulted from unlawful acts, the presence of malice aforethought, and the direct involvement of the accused.
The counts of robbery added another layer of complexity, demanding evidence pertaining to the loss of property, the use of force or coercion, the use of deadly weapons, or the infliction of grievous harm, and the accused’s participation in these criminal acts.
The heart-wrenching case traces its origins back to August 28, 2019, when tragedy struck Maria Nagirinya and her driver, Ronald Kitayimbwa. Allegedly, they were violently abducted from the streets of Lungujja, only to meet a gruesome end with their lifeless bodies discovered later in Mukono. Facing a daunting array of charges are Kasolo Corporiyanamu, Lubega Johnson, Kalyango Nassif, Kisekka Hassan, Mpanga Shariff, and Ivan Mutagubya.
Amid this somber tale, a notable twist unfolded as charges were withdrawn against Raymond Marcos Okori. Meanwhile, Isaac Ssenabulya, known as Kisunsu, pleaded guilty and received a 45-year prison sentence based on his confession. However, the spotlight remained firmly fixed on the prosecution as they tackled the formidable task of proving the case against the remaining accused.
With an impressive list of 21 witnesses, the prosecution presented a formidable case. Notably, the first witness, a doctor, highlighted the neurological shock that led to Nagirinya’s demise, while post-mortem reports were tendered as crucial evidence. The second witness, also a medical practitioner, emphasized Ronald’s post-traumatic shock on the brain, supported by corresponding post-mortem reports.
As the trial unfolded, several points of contention emerged. These included the accused persons’ participation, which hinged on the testimony of Prosecution witness 9, the communication matrix confirming communication among all the accused, exhibits such as the ominous panga and car jack presented in court, DNA analysis revealing Kitayimbwa’s DNA on the panga found at the crime scene in Lungujja Mukono, questions surrounding the authenticity of CCTV reports, testimony from Kalyango Nassif, who claimed to have transported Ssenabulya and another to Lungujja, and Kasolo Corporiyanamu’s vehement denial of any association with the accused. Notably, the seemingly innocent status of Mpanga Shariff and Kalyango Nassif, mere boda boda riders with no knowledge of the heinous crime, came under scrutiny, as did the conduct of the accused, particularly Kasolo Corporiyanamu.
The trial has been adjourned until September 19, 2023, when the assessors will provide their opinions to advise the judge on whether to convict or acquit the accused persons. The Nagirinya case remains a distressing chapter in Uganda, with many eagerly awaiting the final verdict.
