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0% found this document useful (0 votes)
100 views21 pages

CP Term 1 WK 3 PDF 2

Uploaded by

maria redempter
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 21

PGBC/2024/2025/ESO/CRP/IV/I

DEPARTMENT OF POSTGRADUATE LEGAL STUDIES 2024/2025

TERM ONE WEEK THREE

CRIMINAL PROCEEDINGS

7TH -11 OCTOBER 2024

MODULE 1 - Pre – Trial Proceedings:

Introduction

Criminal Justice is essential element in any functional society. It is therefore


imperative that students be exposed to the processes that underly the
administration of criminal justice in order to enable them to develop the
required skills-set to effectively participate in the day-to-day administration
of justice.

Course Aim

To develop skills required among prospective Advocates and Judicial


Officers in the performance of various roles during pre-trial proceedings in
the administration of criminal justice.

Outline of content

1) Conduct of arrests, searches, seizure, recovery, preservation and


management of exhibits and scenes of crimes.
2) Interrogation of suspects and recording of statements from suspects.

Page 1 of 21
3) Interviewing of clients and witnesses and recording of witness statements.
4) Enforcement of the constitutional rights of suspects in police custody and
accused persons charged in courts of law.
5) Identifying defences available to accused persons in criminal proceedings.
6) Illustration of pre-trial remedies available to suspects and accused persons;
namely; police bond, Securing unconditional release.
7) Illustrating an administrative complaint to the Director of Public
Prosecutions.
8) Demonstration of perusal of a police file and ascertaining its contents.
9) Illustration of the exercise of the constitutional mandate of the DPP and
prosecutorial discretion.
10) Evaluation of evidence; identification of offences, their ingredients and the
decision whether or not to prosecute.
11) Identifying the various modes of commencing criminal prosecutions.
12) Drafting charges, sanctioning of charges.
13) Pre-trial disclosure in criminal proceedings.
14) Demonstrating the role of Defence Counsel in criminal investigations
15) Preparation and demonstration of interlocutory applications in criminal
proceedings.

Page 2 of 21
CASE FILE No.1
Course Aim
To develop skills required for prospective Lawyers/Advocates in
the performance of various roles in the administration of criminal justice
during pre-trial proceedings. These proceedings range from conduct of
arrests, interviewing of witnesses, compilation and perusal of a police file,
advising on the areas of further investigations, recording of an extrajudicial
statement and alternative dispute resolution. .

Learning Outcomes:
The following are the intended learning outcomes for this workshop;
(a) Ability to summarise the relevant facts, issues and identify the law
applicable to a case file.
(b) Ability to identify the possible offences disclosed by the facts and
evaluate the evidence in support of the offences identified and possible
defences.
(c) Ability to identify and advise the investigatorson the adequacy of the
evidence on record and identify areas for further investigations, if any
and explain why.

(d) Ability to advicse the police on the conduct of arrests, searches,


seizure, recovery, preservation and management of exhibits and
scenes of crimes.
(e) Ability to advise the police on the alternative justice pocedures to to be
followed in some cases in order to have the matter resolved without
recourse to court.
(f) Ability to demonstarte the ability to invoke the administrative powers
of the office of the Director of Public prosecutions to deal with a case
outside court and draft the relevant documents. the skill of
interviewing a suspect who is in police custody.
(g) the ability to recognize and deal with ethical dilemmas in regard to the
administration of criminal justice

Instructions
You are the Resident Chief State Attorney at Kira. This case file is sent to you
by the Officer In- charge Criminal Investigations and Intelligence

Page 3 of 21
Department at Jinja Road Police Station for perusal and tendering of legal
advice.

Workshop Tasks
(h) Summarise the relevant facts, issues and law applicable of the case as
shown in the case file.
(i) Identify the possible offences disclosed by the facts and evaluate the
evidence in support of the offences identified.
(j) Should you find the evidence on record inadequate identify areas for
further investigations, if any and explain why.
(k) Assume the Investigating Officer is informed by an informer that the
generator is still in factory of the person who bought it, and that the
accused has UGX 2,000,000/= of the money he received as payment
for the generator, advise the police on the proper procedure to follow
to recover and preserve them for future court use.
(l) Assume you are an Advocate in private practice and your client is a
15-year-old charged with assault occasioning actual bodily harm to the
security guard at Twinkles Modern School, what procedure would
you follow in order to have the matter resolved without recourse to
court.
(m) Assuming that you are an advocate in private practice and upon
perusal of the case file, you find that your client was mistakenly
charged owing to mistaken identity because it was already dark. You
find out that the alleged offence of theft of a generator from Twinkles
Modern School actually happened while he was away in Tanzania
attending a conference on the Rights of Customary land owners. The
Police have refused to accept your client’s excuse. They say that he just
wants to escape justice. The police is preparing the file for court. What
course of action would you take? Draft the Necessary document.

Authorities To Consider in The Workshop:


NB: The authorities listed hereinbelow are by no means exhaustive.
Students are advised to read extensively in order to develop the skill of
distinguishing cases and legal research skills.
Legislation

Page 4 of 21
1. The Constitution of the Republic of Uganda, 1995; Articles 23, 28,120,129(1)
(d) and (3), 212 and 250(4). Article 126 (2) (d)
2. The Penal Code Act, [Cap. 128]
3. The Police Act, [Cap. 324]
4. The Criminal Procedure Code Act, [Cap. 122
5. The Evidence Act, [Cap. 8]
6. The Magistrates’ Courts Act, [Cap. 19] S. 160,
7. The Magistrates’ Courts (Magisterial Areas) Instrument, 2007; S.I No. 45 of
2007.
8. Judicature Act Cap 16
9. The Judicature (Criminal Procedure) (Applications) Rules; S.I. 13-8.
10. Poor Persons Defence Act Cap 22
11. Identification of Offenders Act Cap 127

Cases
1. Woolmington vs. D.P.P. [1935] A.C. 462.
2. R-vs- Inns 60. Criminal Appeal Reports 231.
3. Uganda vs. Simon Kaita [1978] H.C.B. 24.
4. Uganda vs. Paulo Muwanga [1998 – 1990] H.C.B. 72.
5. Henry Kayondo vs. Uganda [1992 – 1993] HCB 41.
6. Androa Asenua vs. Uganda S.C.C.A No. 1 /1998.
7. Kityo vs Uganda [1967] EA 23
8. Onyango vs Uganda [1967] EA 386
9. Akbar Hussein Godi Vs Uganda (Supreme Court) Criminal Appeal No
03 of 2013)
10. Simon Musoke Vs R. (1958) E.A. 715 at page 718H
11. Abdalla Nabulere and Other v Uganda (Cr.App.No.9 of 1978) [1978]
UGCA

Preparation for the Workshop

The different groups must meet well in advance to discuss and E-MAIL the
Firm’s presentations to the Professional Advisors assigned to them per the
time table.

Page 5 of 21
Each student shall conduct research and prepare personal notes with
respect to all the tasks prior to the workshop. Failure to comply may lead
to a student being excluded from the session/ Workshop.

Lesson Plan:

The Firm Leaders should divide the Firm into 4 (four) groups of at least 5
members each to handle the tasks as indicated in the table hereinbelow;

S/N Activity Responsibility Time (Minutes) Tasks


1 Introduction of Professional Advisor 10
workshop (PA)
2 Fact Analysis Students 30 All
3 Presentation Group 1 15 a&b
4 Presentation Group 2 15 C
5 Presentation Group 3 15 D
6 Presentation Group 4 15 e&f
7 Wrap-up and PA & Students 20
Q&A

UGANDA POLICE
POLICE FORM 2B
KIRA CRB 45 / 2023
SHEET NO. 1

MUGIMBI PULKERIA 60-YEAR-OLD F/A, BUSINESS WOMAN BY


OCCUPATION RESIDENT OF KIRA, MAMERITO ROAD, MUGWERE
BY TRIBE DATE: 14/09/2024 TEL: 0710435643.

COMPLAINANT’S STATEMENT
STATES:
The above stated particulars and address are mine. June 2023, I bought a
school from Ssiswaala Arafat. The school is called Twinkles Modern School.
The school is found in Kitukutwe, Kira Municipality Wakiso District. After
the Purchase, I retained the Head Teacher, Tebusweke Boaz. He helped me

Page 6 of 21
while I prepared my new team to take over the school. The school has a main
gate and another small gate at the back of the school. We bought the school
with a lot of furniture and a big generator that was housed at the back of the
Head Teacher’s office. Ssiswaala still had access to the school in order to
finalise the hand over. I had given Ssiswaala two months to completely
vacate the school property including all offices.
The school had armed guards at the main gate. We also retained the guards.
During the month of September 2023, the Head Teacher informed me that
Ssiswaala had come into the school the previous day while driving a pickup
truck. That he stayed in till late. After his departure, the generator went
missing. When I checked my phone, I found a missed call that came in the
previous night at around 10:00PM from the security guard known as
Batalingaya. When I later contacted him, he told me that he wanted to inform
me that that Ssiswaala had left the school late carrying on a pick up, what he
thought was an office desk.
I urged the guards to maintain tight security at the school and I instructed
Tebusweke and the guards never to allow in any former employees of the
school including Ssiswaala without my permission.
I later called Ssiswaala who kept rejecting my calls but later told me said that
he was too busy but also denied having taken or even seen the generator.
Yesterday, I received a call from police that Nsaaga Melton a neigbour to
Tebusweke was arrested with a generator engraved with the names of my
school. Nsaaga was trying to install it at his factory. The police recovered the
generator from Nsaaga. Nsaaga says that he bought it from someone who
brought it to him. He says that remembers the face of the seller and the truck
that delivered the generator to him. The generator is still at police and is
valued at 150,000,000/=.
That is all I can state for now.
Statement made by me, found true and correct.

Signed by: Mugimbi Pulkeria


Recorded by No. 2451117 D/CPL Omona Gonclaves

Page 7 of 21
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1

KIRA CRB 45/ 2022

TEBUSWEKE BOAZ, 51-YEAR-OLD ADULT MUGANDA RESIDENT


OF NAKWERO, WAKISO DISTRICT, TEACHER BY PROFESSION,
HEAD TEACHER OF TWINKLES MODERN SCHOOL
DATE: 014/09/2023 TEL: 0732678545

States
I wish to state that I am the current Head Teacher of Twinkles Modern
School. I also served in the same position while the school was under the
proprietorship of the former owner, Ssiswaala. I recall very well, that
Ssiswaala sold his school to Pulkeria. I was retained as Head Teacher. The
school had a lot of furniture and a big generator housed in a metallic cage. I
run all the affairs of the school generally and we have school guards mainly
at the gate. Few weeks back, I left my office for the former owner Ssiswaalla
to use to conclude his work. He told me that he had a lot of work. I was later
informed by the guard Batalingaya that he stayed in the school upto very
late at about 10: 00PM and left in his black Ford Pickup truck. I Was told that
he was carrying something but it was dark. I cannot tell what it was. I was
later surprised to know from my neighbour that somebody sold him our
school generator. It is the real generator. I have seen it. I have lost my job
because of this incident.
My boss Mugimbi advised me to go to police and report.
That is all I can state.
Statement made by me, found true and correct.

Signed by: Tebusweke Boaz


Recorded by No. 2451117 D/C Omona Gonclaves

Page 8 of 21
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1

KIRA CRB 45/ 2023


BATALINGAYA MARIO 43 M/A MUNYANKOLE, SECURITY GUARD
RESIDENT OF KISAASI, NAKAWA DIVISION KAMPALA DISTRICT
DATE: 21/09/2023 TEL: 0733000099

STATEMENT
States
The above stated particulars and address are mine. I am a security guard at
twinkles Modern school. I have now worked in that school for more than
fifteen years. That school was sold by Ssiswaala to now my boss called
Madam Mugimbi. But Director Ssiswaala kept coming to the school and I
open for him the gate. On 18th/9/2023, Director Ssiswaala came to the school
in the afternoon in a pick up and sent me to town to bring him some parcel
from Kampala city centre. The person I had gone to see delayed but came. I
then returned to school, gave him his parcel and returned to the guard duties
at the gate. Director stayed in the school till late in the night. I was worried.
He then left at about 10:00pm. He had something quite big like a table.
Maybe it was a table but I could not see it well. I decided to call my new boss,
madam Mugimbi but she did not answer my call. The next day. I informed
her.
I later heard that the big generator was missing from the school. I went to
check in its cage and it was indeed missing. I have never seen Director
Ssiswaala at the school again since that date. Police arrested man I do not
know with the generator.
That is all that I wish to state.

Signed by: Batalingaya mario


Recorded by No. 2345221 D/W/C Biira

Page 9 of 21
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1

KIRA CRB 45/ 2023

NSAAGA MELTON 37-YEAR-OLD ADULT BUSINESS MAN MUSOGA


BY TRIBE RESIDENT OF TULA B KAWEMPE SOUTH, KAMPALA
DISTRICT
DATE: 22/09/2023 TEL: 0721454545
States:
The above stated particulars and address are mine. I am business man. I have
a factory that makes paper. The I have been wanting to buy a big generator.
About three days ago somebody called me on phone and told me that he had
a generator on sale. It seems that people know that I needed a generator. I
do not know how they got my telephone number. I told him to meet me at
the factory in Bweyogerere industrial area. Two men I only remember by
face came on pickup truck carrying a generator. I cannot remember the
registration number. I immediately told them to take it to my factory. The
seller wanted 50,000,000 but I paid UGX 10,000,000and called my electrician
to install it at my factory. I am now told that it was stolen from my
neighbour’s school.
That is all that I wish to state. This is my statement recorded, read through
and I prove it correct.

Signed by: Nsaaga melton


Recorded by No. No. 2345221 D/W/C Biira

Page 10 of 21
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1

KIRA CRB 45/ 2023

D/CPL OMONA GILBERT, POLICE OFFICER M/A ATTACHED TO


KIRA POLICE RESIDENT KIREKA POLICE BARRACKS KIRA
MUNICIPALITY, WAKISO DISTRICT. DATE: 29/09/2023 TEL:
0733767879

INVESTIGATING OFFICER’S STATEMENT


States
The above stated particulars and address are mine. On the 08/09/2023 I
received a case file from the OC CIID relating to theft of a generator vide SD
REF 012/05/09/23 to investigate. I recorded a statement from MugimbI
Pulkeria the complainant. She stated that she bought a school from Ssswaala
Arafat. The school is called Twinkles Modern School located in Kitukutwe
Kira Municiplaity in Wakiso district.
After the Purchase, the complainant had retained the Head Teacher
Tebusweke Boaz. The school had a big generator that was housed at the back
of the Head Teacher’s office. Ssiswaaal was still accessing the school in order
to finalise the hand over.
The complainant had also retained the old school Head Teacher had armed
guards at the main gate. During the month of September 2023, the
complainant received a report from the Head Teacher to the effect that
Ssiswaala had on the previous day entered the school while driving a pickup
truck and stayed in till late and that the generator later went missing.
Having got the information Mugimbi went and reported to Kira Police
station. The Scene of Crime and myself moved to the scene and later they

Page 11 of 21
managed to arrest two people, namely Nsaaga Melton and Siswaala Arafat.
It was Nsaaga who revealed that it is Ssiswaaala the former owner of the
school who sold him a generator. He added that he was called on phone
0710101010 about the generator. Ssiswaala recorded a statement at Police.
Nsaaga also recorded a statement as a witness. Ssiswaala was arrested on
08/09/2023 in Mbarara and later transferred to Kira Divisional Police
Station. Ssiswaala recorded a statement at Police but he denied stealing the
generator. He was detained at Kira Police Station.
Statement self-recorded. Signed by: D/CPL Omona Gilbert.

UGANDA POLICE
POLICE FORM 2B
SHEET NO.4

SSISWAALA ARAFAT BUSINESS MAN M/A BUSINESS MAN


MUGANDA BBY TRIBE RESIDENT OF KABALAGALA
MAKINDYE DIVISION, KAMPALA DISTRICT TEL: 0710101010.
DATE: 08/09/2023 PLACE: KIRA POLICE STATION
SUSPECT’S PLAIN STATEMENT
States.
The above stated particulars and address are mine. June 2023, I sold my
school to Mugimba Pulkeria. The school is called Twinkles Modern School
in Kitukutwe, Kira Municipality Wakiso District. After the sale, the buyer
retained the Head Teacher Tebusweke Boaz. I sold the school and I left
everything. I have never been to that school at night. Yes, I was completing
a hand over but I had already handed over.
The school had also deployed its armed guards at the main gate including
batalingaya. It is true that my driver went to the school to pick something
but it was my property.
Security was always on duty. I was surprised to receive a call from police
from police that Nsaaga Melton was arrested with a generator. Tebusweke

Page 12 of 21
must explain how his neighbour got that generator. I know Tebusweke to be
a crafty man. I know him very well.
I had gone to Mbarara for business. It is not true that I went to the school to
steal the generator. My phone had been stolen sometime back but I got it
back. That is all that I wish to state. This is my statement recorded, read
through and I prove it correct.

Signed by: Ssiswaala Arafat


Recorded by D/Cpl Omona Gonclaves.

Page 13 of 21
CASE FILE NO.2
Aims
This Workshop aims at further introducing learners to pretrial proceedings
including perusal of a police file, demonstrating the role of the Office of the
Director of Public Prosecutions (ODPP) in among others guiding police on
further investigations, interviewing clients in police custody, ability to
secure pre-trial remedies for clients, recording confessions or extra-judicial
statements from accused persons and dealing with ethical dilemmas.

Learning Outcomes:
The following are the intended learning outcomes for this workshop;
(a) Ability to execute the mandate of the Director of Public Prosecutions in
the management of criminal prosecutions.
(b) the ability to peruse a police file, comprehend the contents therein and
guide police in carrying out investigations.
(c) the ability to prepare charge sheet in accordance with the established
rules.
(d)the ability to identify and procure the various pre-trial remedies available
to suspects in the criminal justice system.
(e) the skill of interviewing a suspect who is in police custody.
(f) the ability to recognize and deal with ethical dilemmas in regard to the
administration of criminal justice

Legislation and Cases to Consider in Preparation for The Work Shop;

NB: The authorities listed hereinbelow are by no means exhaustive.


Students are advised to read extensively in order to develop the skill of
distinguishing cases.

Legislation
1. The Constitution of the Republic of Uganda, 1995; Articles 23,
28,120,129(1) (d) and (3), 212 and 250(4).
2. The Penal Code Act, [Cap. 128]
3. The Police Act, [Cap. 324]
4. The Criminal Procedure Code Act, [Cap. 122]; Ss 2 – 27.
5. The Evidence Act, [Cap. 8]; Part II – Part IV.

Page 14 of 21
6. The Magistrates’ Courts Act, [Cap. 19]
7. The Magistrates’ Courts (Magisterial Areas) Instrument, 2007; S.I No. 45
of 2007.
8. Judicature Act Cap 16
9. The Judicature (Criminal Procedure) (Applications) Rules; S.I. 13-8.
10. Poor Persons Defence Act Cap 22
11. Identification of Offenders Act Cap 127

Cases:
1. Foundation for Human rights Initiative vs. Attorney General; S.C. Const.
Appeal. No. 3 of 2009. (Unreported).
2. Attorney General vs. Joseph Tumushabe; S.C. Const. Appeal No. 3 of
2005 (Unreported).
3. Soon Yeon Kong Kim and Anor vs. A.G.; Const, Ref. No. 6 of 2007
(unreported).
4. Uganda vs. Col, Rtd. Kiiza Besigye.; Const. Ref. No. 20 of 2005
(Unreported).
5. Mwanga Francis & 2 others vs. Uganda. S.C. A. Cr. Appeal No. 88 of 1999
(unreported).
6. Kawooya Joseph vs. Uganda. S. C. Cr. Appeal No. 50 of 1999
(unreported).
7. Nyeko Anthony v Uganda Criminal Appeal No.0018 of 2017 (Gulu)
(Mubiru J)
8. Uganda Vs Hassan Agade & Ors Crim. Session Case No.
001/2010 (unreported)

Preparation for the Workshop

Each student MUST carry out personal research and prepare notes in respect of
all the tasks prior to the workshop. Failure to comply may lead to being exluded
from the session.

Instructions
You are a Resident Chief State Attorney at Nabweru. The above file (CRB
308/2024 is sent to you by the OC CIID Nansana for perusal and legal
advice.

Page 15 of 21
Workshop Tasks

Task 1
a) Summarize the relevant facts,issues and law applicable of the case as
seen in the police file
b) Identify the possible offence(s) if any, disclosed by the facts and
evaluate the evidence on the police file to support the offences
identified.

Task 2
c) Suppose you find the evidence inadequate, identify areas that require
further investigations, if any and advise the police accordingly
d) Draft the necessary court document(s) to initiate criminal proceedings

Task 3
Assume that you are an advocate in private practice with M/s Back on Track
Advocates and you have been instructed by the relatives of the suspect who
has been detained at Nansana Police Station since the 9th September 2024:
(a) Advise your client on the pre-trial remedies available to him, if any.
(b) Draft the necessary court documents envisaged for this purpose.

Task 4
(a) Assume that you are a Grade 1 Magistrate and the suspect has told the
Police that he accepts having committed the offence. He has
been produced before you for an extra judicial statement, demonstrate
how you would ensure that his statement is properly recorded.

Lesson Plan.

The different groups must meet well in advance to discuss and E-MAIL the
Firm’s presentations to the Professional Advisors assigned to them on the
time table.

NB: Every student MUST prepare for all the tasks and have prepared notes
and documents. Any student may without excuse be called upon by the
professional Advisor to make a presentation on any task.

Page 16 of 21
The firm Leader shall divide the firm as indicated in the table herein below.
S/N Activity Responsibility Time (Minutes) Tasks
1 Introduction of Professional Advisor 10
workshop (PA)
2 Fact Analysis Students 30 All
3 Presentation Group 1 15 1
4 Presentation Group 2 15 2
5 Presentation Group 3 15 3
6 Presentation Group 4 15 4
7 Wrap-up and PA & Students 20
Q&A

POLICE FILE
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
NANSANA CRB 308/2024

TRUTH DALISO F/A AGED 37 BUSINESS WOMAN OCCUPATION


MUNYOLE BY TRIBE RESIDENT OF BUSUKUMA, NANSANA
DIVISION, WAKISO DISTRICT DATE: 15/9/2024 TEL: 0712001001
States:
The above stated particulars and address are mine. I wish to state that I am
a daughter to the late Girado Senki of Madirisa Nansana. My father died on
the 06/09/2023. He left us with instructions that the land we are using
belongs to our grandmother, who is his mother. He said we should use the
land but not sell it. We are six children, me, Chacha, Chaga, Chichi, Oke,
Baliks and All the six of us have built houses on the said land. This year 2024
in July, our brother Chaga Mapeera surprised us that by claiming that our
father gave him the land where we have a coffee plantation. We asked him
if he has any documents to prove what he was claiming and he said, “NO”.
So, today 10/9/2024 at about 11:30 hours while I was in my house, Chaga
came and told me to vacate my house as he was going to demolish it and
take over the land. When I refused, he threatened to beat me. He threw a
spear me but I was a distance away and I dodged it and it fell on the ground.

Page 17 of 21
I run away and went to the chairman LC1’s home and reported the what
happened. We returned to the scene with the chairman and Chaga showed
us some documents that he claimed showed that my father gave him the
land. The chairman advised me to immediately report the case to police and
that is why I came. The documents Chaga had he remained with them. What
I know is that the documents regarding the ownership of this house are with
my uncle Yoweri who is a brother to my father.
That is all that I wish to state.

Signed by: Samula Daliso


`Recorded by D/Sgt Waiswa

UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
NANSANA CRB 308/2024

GOLDEN BATUME 65 F/A BUSINESS WOMAN RESIDENT OF


MADIRISA ZONE, NANSANA MUNICIPLALITY, AKISO DISTRICT
DATE: 10/09/2024 TEL: 0721909175
States:
The above stated particulars and address are mine. I wish to state that I know
the complainant as my daughter and their father the late Girado Senki died
and left them four on the land to stay on but not sell. The documents of the
said land is with their uncle Yoweri. The four have been staying well on the
land and everyone has a house on the land. So it was today the 10/9/2024
while I was in Nansana Madirisa at around 11:00 hours when Chaga the
younger son of Girado Senki came with a gang of people and he told Truth
to vacate the house. When Truth resisted, he got a Spear and told her he can
spear her and he threw the spear at her but fortunately she was not harmed
as she dodged it. I asked him why he wanted to do so and he said the late
Senki gave him that land and that he has documents to prove his claim.
That is all that I wish to state.

Page 18 of 21
Signed by: Golden Batume
Recorded by D/Sgt Waiswa Fakhir

UGANDA POLICE
POLICE FORM 2B
SHEET NO.1

NANSANA CRB308/2024

D/IP ROMANO KASWABULI M/A MUGWERE POLICE OFFICER


RESIDENT OF KASANGATI POLICE BARRACKS ATTACHED TO
NANSANA POLICE STATION WAKISO DISTRICT. DATE: 15/9/2024
TEL: 07441270000
States
The above stated particulars and address are mine. I wish to state that I am
the Investigating Officer in this case. I received this case file on the
10/9/2024 from Commandant Land Protection. I booked out and went to
the scene in Madirisa Nansana. I had recorded statements from witnesses at
the scene. I was informed that Chaga Mapeera, who is a brother to the
complainant led the group and came back to the station. On the 10/9/2022,
I received a call from the complainant that the suspect returned with other
people at the scene carying spears machettes, and hammers among others.
That I booked out with a 999-patrol car and when we reached the scene, I
arrested 3 suspects including Chaga Mapeera. I interviewed Mapeera who
said he was given that land in writing by his late Girado Senki. He said that
he had now sold the land to a one Bokilo and that he wanted to create a road
to Bokilo’s home. I recorded a statement from their mother who lives in the
same area. Their mother said that her deceased husband had never given the
said land to any of his children but instead they used the land as a family.
Other family members also disputed the written agreement produced by
Chaga. So, I retrieved the written agreement, exhibited and marked it “RK1”.
The agreement was taken to the Department of forensics and with other
sample signatures and handwriting of the deceased using PF17 and a report
came out from examiner of questioned documents concluding that there

Page 19 of 21
were major variations suggesting that the agreement was not written by the
deceased father. The copy of the report is attached to the case file. So we
confirmed Chaga had a fake written agreement and was not given any land.
Statement self-recorded. Signed by: D/IP Romano Kaswabuli

UGANDA POLICE
POLICE FORM 2B
SHEET NO.4

NANSANA CRB 308/ 2024

MAPEERA CHAGA M/A AGED 43 BUISNESSMAN, RESIDENT


OF MADIRISA NANSANA MUNICIPALITY, WAKISO DITRICT
TEL: 0722676789 DATE: 10/10/2024
SUSPECT’S PLAIN STATEMENT
That the above are my true particulars and I wish to state that I am the
biological son to the late Girad Senki. My father had 17 children, 11 of
whom have passed on. In the year 2010 while my father was still alive,
he called me and gave me land in writing in the presence of the late
Petua Kimani and Absalom who had gone to work in Iraq. The land
had a clear demarcation and I have been living there since my father
died in 2023 and my sister Truth and brother Boka came and started
staying on the land. A few months ago, my siblings started fighting
me on the land. I decided to sell it to Bokilo and move away without
informing them. Bokilo asked me to remove the houses because he
needed to clear his access. When I told my sister, she threatened to
harm me. On the 10/9/2024, I went back with some people to help me
demolish the buildings but unfortunately police came and arrested us
and we were brought to Katwe police station.

Signed by: Mapeera Chaga


Recorded by D/IP Romano Kaswabuli

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