On April 14, 2012, John Sseruyinda, a fruit vendor at Nakasero Market, woke up and raced to work like he had always done. Sseruyinda’s hope was to make money and return home with food for his family. As Sseruyinda continued with his work, something bothered him and needed to be resolved. He believed that his and other vendors’ rights were being violated and could not just sit down and let it pass. Nakasero Market leadership was still collecting money from vendors in spite of Kampala Capital City Authority (KCCA) takeover of the market. With bravery, he started mobilizing the market vendors not to pay any dues to a management he described as illegal. Ronny Ntabaazi, a Nakasero Market vendor, says Sseruyinda moved around the market with documents backing his statement. “Many believed in him and they were carried away by his actions,” Ntabaazi says. Sseruyinda believed that the Shs500 fee was being collected by the market leadership illegally since KCCA that was in charge of the market had scrapped the said dues.

At 1pm, he insisted on not paying the dues. He was to rely on one weapon to assail a well-armed and facilitated group that was before him–people’s power. Sseruyinda rallied his colleagues not to pay dues. He believed that if all the vendors in Nakasero Market stood up to the bullies, a paralysis would eventually spread and prompt the leadership to stop the collections. The market management was ready to confront anyone who wanted to antagonize their pursuit for wealth. Sseruyinda was also uncompromising. He held onto his belief that the illegal dues must be halted. His message penetrated many hearts and many vendors had turned thoughts into action. Angered by the momentum of his gospel, the market leadership turned to methods that could neutralise Sseruyinda for good. Sseruyinda would act as an example to the rest. They mobilized the group of levy collectors and heavily-built men and off they went to confront Sseruyinda. “In broad-daylight, they attacked him. Beat him up and he collapsed on his face and remained motionless,” Ntabaazi says. His attackers panicked. They retreated in fear. Anger of eyewitnesses boiled but their focus was first to save the life of their colleague. “We picked him from the ground and rushed him to Nsambya Hospital,” Ntabaazi says. He was already gone. News of his death triggered a strike in the market. The market management fled as vendors bayed for their blood. Police got involved.

A team of scene of crime officers where dispatched to the market and picked every evidence they could land their hands on. A bundle of sticks that were used to beat Sseruyinda were collected and taken for forensic examination. The body was also picked and taken to Mulago National Referral Hospital where a postmortem was later carried out. It revealed what everyone saw – that the victim’s death was as a result of the head injuries inflicted on him. A murder case was clear. Those who were involved in the case, fled. A hunt for them ensued. Seeing the world closing on them, they turned themselves in.

Police then arrested Wycliffe Kayiwa, alias Maliseli, a former assistant defense secretary at the market, Dawuda Bushere, alias Dawa, a broker, and Godfrey Asiimwe, a finance officer, in connection with the murder of Sseruyinda. Godfrey Kakooza (chairman of the market); George Mugerwa (accounts officer); Pius Cyugi (secretary); Daaki Luyima (revenue collector); Ibrahim Lubulwa (section leader) and Fred Ochieng (director, sanitation and health) were also arrested. After police investigations, Kakooza, Mugerwa, Cyugi, Luyima, Lubulwa and Ochieng were released but Kayiwa, Bushere and Asiimwe were charged with murder. The suspects were presented before Grade One Magistrate Grace Balintuma but she couldn’t hear their plea because the case was capital in nature. They were remanded to Luzira prisons.

Tranquility came back at the market and the dues were immediately halted. Cissy Kimuli, the chairperson of Nakasero Market Sitting Tenants Limited, says the vendors expected a fair trial. “The expectations were undeniably high because the incident had happened when all people were watching,” Kimuli says.

Before the suspects were committed to High Court on charges of murder, the prosecution amended the charges. Ntabaazi says: “We were told that the offence has been lowered to manslaughter. We were hit hard but we accepted to continue with the case.” By lowering the case from murder to manslaughter, it meant that the suspects would face trial at the Chief Magistrate’s Court. The case was now before Lillian Bucyana, the Buganda Road Court chief magistrate. Whenever there was a trial, the vendors would flock the court in numbers and listen calmly. “Witnesses testified–one doctor from Nsambya hospital, another from Mulago National Referral Hospital, two people from the community and a police officer,” Ntabaazi says. The evidence was so powerful that the suspects looked for other ways of getting out of the mess. “I recall when they were asked whether they ever talked to the family of the deceased to show that they were sorry about the incident, they said ‘no’,” he says. Basing on prosecution’s evidence, Ms Bucyana ruled that the suspects have a case to answer on charges of manslaughter.

The defence contacted the father of the deceased and negotiated with him with a view of compensating him. It is alleged that the deceased’s father neither involved his mother, Ida Babirye, nor the wife of the deceased, Ms Robinah Nandiwooza, in the matter. According to Buganda Road Court records, the suspects forked out Shs10m and gave it to the father of the deceased as compensation. Nevertheless, the trial continued. After nearly three years of trial, Chief Magistrate Lillian Bucyana, delivered her judgment. “Prosecution has proved beyond reasonable doubt that the three participated in the killing of Sseruyinda,” MsBucyana read out her judgment. It was jubilation in the court. Sseruyinda’s mother, Babirye, said justice had been served. “After three years of waiting justice has finally been served, others will now learn that nobody has a right to eliminate another,” Babirye said. “Though I cannot completely get over the death of my son, at least I feel some relief. Sseruyinda rest in peace, these murderers have been moving scot-free ever since court freed them on bail, and little did I know that there is still some impartiality in Uganda’s justice system,” she continued. Chief Magistrate Bucyana adjourned the case to April 2 when she would pass her sentence. Relatives and friends of the deceased left the court happy that court will keep the criminals away from society. They eagerly waited for the day the convicts were to be sentenced. On April 2, they flocked the court to wait for the final word for the chief magistrate. “Basing on the fact that the father of the deceased accepted to take Shs10 million, shows that the convicts were remorseful. And since court want to see people harmonious, I sentence the convict to a caution,” Ms Bucyana read. Sseruyinda’s friends, widow and mother couldn’t believe what they heard.

Ms Nandiwooza says: “I am not satisfied with the court decision because the action of the convicts has brought us a lot of suffering”. “At the time my husband was killed, he had not yet built a home. He left us in a single-roomed house in Gayaza in Wakiso District and we could not even afford to pay rent because I was just a housewife,” Ms Nandiwooza says. She says months after her husband’s death, they would go hungry until my sister-in-law got her a stall in Nakasero Market where she is now selling mangoes. The business can only put food on the table but not pay school fees for the orphans. Bernard Nsubuga, one of the deceased’s five children, who is currently in secondary school, too, is still unconvinced by the sentence of a caution to the people who robbed him of stable livelihood. “We are living in poverty without a proper home. Currently, it’s our uncle paying our school fees. We aren’t sure that he will pay our school fees in future since he has his personal responsibilities,” Nsubuga says. The judgment has caused a stir in the courts of law. The High Court has since called for the file which also contains the judgment a rare occurrence in the Uganda judicial system. Sunday Monitor reporters failed to get a copy of judgement at Buganda Road Court. Court officials say High Court didn’t state the reasons as to why they asked for it. Mr Ntabaazi says they have also failed to access the judgment yet it should have been a public document.

Legally Speaking

The Penal Code Cap 120 provides for Manslaughter under Section 187. It states that, any person who by unlawful act or omission causes the death of another person commits the felony termed manslaughter. This offence is punishable by the maximum penalty of life imprisonment under Section 190 of the Penal Code Act.

For prosecution to secure a conviction on manslaughter there must be proof that there was a death of a person, death was caused by unlawful means and that it is the accused who caused the death either by their acts or omission.

In this instance Impartial would:

Step 1 Advise you to report the incident at the nearest police station.

Step 2 Using the law, compel the police to conduct thorough investigations and ensure that all Individuals involved in the crime face the law so that justice is served. The police should also sensitize the public about mob justice.

Step 3 Using the law, advise the DPP to prove all the elements of manslaughter beyond reasonable doubt and prosecute the accused persons.

Article courtesy of The Daily Monitor newspaper and edited by Advocate Vera Nawumbe