Ekalungar went missing on January 2nd, 2018. His body was later found in Kajjansi Town Council, Wakiso district burnt beyond recognition. Mawa, who was convicted on his own plea of guilt, was the driver to Dr. Ssebale Kato, the Proprietor of Case Hospital.
Justice Yasin Nyanzi has convicted four people
for the murder of Francis Ekalungar, the former accountant of Case Hospital and aggravated robbery. The convicts
are Muzamiru Mawa, Resty Nalunga, Deogratius Yiga and
Kiwalabye is the brother of Abdullah Kitatta, the Patron of Boda Boda 2010. Yiga and
Kiwalabye were Chairmen for Boda boda riders in Wakaliga and Busega respectively while Nalunga is Mawa's wife. Ekalungar went missing on January 2nd, 2018. His
body was later found in Kajjansi Town Council, Wakiso district burnt beyond
Mawa, who was
convicted on his own plea of guilt, was the driver to Dr. Ssebale Kato, the Proprietor of Case Hospital. While convicting the
accused during the High court criminal session sitting in the Entebbe Chief
Magistrate’s court, Justice Yasin Nyanzi noted that prosecution has also proved
beyond reasonable doubt that Nalunga, Kiwalabye and
Yiga were involved in both
He noted that even if Mawa has
not pleaded guilty, the state had incriminating
evidence against him and the other accused individuals. He particularly cited the phone records for the four convicts, saying they were either at the scene or helped in
tracking Ekalungar from Case Hospital until Munyonyo along Kampala-Entebbe
expressway where they captured him and killed him in Kajjansi.
Nyanzi noted that the phone records tendered in by state indicated that Yiga and
Kiwalabye were in constant communication between January 2nd and 7th,
2018. "This was unusual because the two had not
made any calls in the past 30 days. During the days they called each other,
they were at the scenes of crime,” he said. Justice Nyanzi noted that at 4:35 pm on January 2nd 2018, Yiga called Kiwalabye, only a few
hours after Ekalungar went missing. He noted that Yiga
denied making or receiving calls from Kiwalabye and also claimed that he did
not know Kiwalabye.
He, however, said that both the police and army successfully traced communications for Sim Card number 0751357000 and found that it registered in the names of Yiga who was in constant
communication with Kiwalabye. He added that that was the same story for Nalunga who made calls to Musa
Ssewankambo, who is still at large from December 31st, 2017 to January 21st,
2018 yet she had also not called
him between December 1st-30th, 2017.
Justice argued that the circumstantial evidence shows that Nalunga spied on Ekalungar at Case
Hospital and informed the rest of the group when he left the hospital.
//Cue in: "Why would one....
Cue out:...scenes of crime."//
He said that the phone
records watered-down Kiwalabye and Yiga's alibi, just like
it did in the murder case against former Arua Municipality MP Godi Akbar
Hussein. Akbar was convicted by the High Court for the murder of his wife Rehema Caesar Nasur and was
sentenced to 25 years imprisonment.
Akbar appealed the decision at both the Court of Appeal and Supreme Court. But
he was unsuccessful because, according to Nyanzi, Akbar's phone records placed him near Mukono, the scene of the crime and not Bwebajja where
he said he was on December 4th, 2008 when Nasur was killed. Nyanzi added that Akbar and the ones in Ekalungar's
murder case had the means to traverse the scenes of crime.
//Cue in:"I may add...
Cue out:...A4 operated motorcycles."//
During the trial, the State Attorney, Anne Ntimba produced witnesses including Ekalungat’s widow Christine Nabwire, Case
hospital staff, Assistant Inspector of Police Obedi Tumuramye and Frank
Nyakairu, an officer from the
Chieftaincy of Military Intelligence-CMI attached to the Joint Anti-Terrorism Taskforce-JATT.
He noted that the task force gathered evidence that
shows the suspects were at the crime scene on January 2nd, 2018. Tumuramye
recorded Yiga's statement where he revealed that he had unknowingly
participated in Ekalungar's kidnap and murder.
//Cue in: "It seems to....
Cue out:...drove the van."//
Nyanzi thereby noted that Yiga incriminated himself because of the contents in
//Cue in:'He refers to...
Cue out:...to prove participation."//
The convicts return this morning to court for sentencing.