Mbale High Court Acquits Brothers After 11 Years on Remand Over Father’s Murder

By Skika Reporter.

The High Court in Mbale has acquitted two brothers who spent 11 years on remand after being accused of murdering their father, citing insufficient evidence to sustain the prosecution’s case.

In a judgment delivered on Thursday, Justice Dr. Lubega Farouq found Julius Walato, also known as Musamali Jude, and Stephen Masinde Stephen not guilty of the murder of their father, Clement Walato, who was killed in August 2015 in Bukhamunyu Village, Mbale District.

The two had been jointly charged with murder contrary to Sections 171 and 172 of the Penal Code Act. Prosecutors alleged that on August 18, 2015, the accused, together with others still at large, attacked and fatally cut their father with a panga following a longstanding family dispute over land.

Court records showed that the deceased sustained severe injuries, including a deep cut wound to the neck, which medical evidence confirmed caused massive blood loss leading to his death.

The prosecution relied heavily on an alleged dying declaration in which the deceased reportedly identified his sons as among the attackers.

According to testimony from the deceased’s wife, Annet Wakooli Walato, and his son, Herbert Musamali, the deceased named several of his children, including the accused persons, as those responsible for the attack before succumbing to his injuries.

Justice Lubega found that the prosecution had successfully proved that Clement Walato died as a result of an unlawful act and that the attackers acted with malice aforethought.

“The nature of the injuries inflicted on the deceased, particularly the deep cut to the neck, demonstrated a clear intention to kill,” the judge observed.

However, the court ruled that the prosecution failed to establish beyond reasonable doubt that the two accused were among those who carried out the attack.

In his judgment, Justice Lubega emphasized that while dying declarations are admissible in criminal proceedings, courts must treat them with caution and seek independent corroboration before relying on them as the basis for conviction.

The judge found that no credible evidence existed to corroborate the alleged dying declaration beyond the testimony of the deceased’s wife and son.

He also questioned the reliability of the identification evidence presented by the prosecution. Although the deceased’s wife claimed she saw the accused near the scene after responding to her husband’s alarm, the incident occurred at night, creating the possibility of mistaken identity.

Justice Lubega further noted that other individuals allegedly named by the deceased as attackers were neither charged nor called as witnesses, raising concerns about the thoroughness of the police investigation.

The court also considered evidence of a longstanding family dispute over land.

While prosecution witnesses maintained that the accused had disagreed with their father over the distribution of family land, both accused denied any conflict with the deceased. Instead, they claimed their disagreements were with their stepmother, Annet Wakooli Walato.

The judge observed that the criminal proceedings may have been influenced by personal grievances arising from family land wrangles, noting that the key prosecution witnesses were closely involved in the dispute.

The court also found that the prosecution failed to disprove the alibi defences raised by the accused.

Julius Walato told the court he was at home with his wife at the time of the attack, while Stephen Masinde testified that he was attending to his sick wife at a hospital.

Justice Lubega reiterated the legal principle that an accused person bears no obligation to prove his whereabouts and that the burden remains on the prosecution to place the accused at the scene of the crime through credible evidence.

“Upon evaluation of all the evidence on record, I find no cogent evidence to corroborate the alleged dying declaration,” the judge ruled.

He added that the prosecution’s evidence was insufficient to establish beyond reasonable doubt that the accused participated in the killing of the deceased.

The court consequently rejected the recommendation of the assessors, who had advised that the two men be convicted.

“I find both accused persons not guilty of the offence of murder as charged and acquit them accordingly,” Justice Lubega ruled.

The judge ordered the immediate release of Julius Walato and Stephen Masinde unless they are being held on any other lawful charges.

The ruling brings to an end a case that kept the two brothers on remand for more than a decade while awaiting the determination of the murder charge against them.