Three Court of Appeal judges on Monday upheld the acquittal of Sarah Nabikolo, who had been accused of murdering her husband, the late Eriya Bugembe Sebunya (Kasiwukira).
Judges Elizabeth Musoke, Hellen Obura and Ezekiel Muhanguzi, in their verdict delivered by the appellant court’s Deputy Registrar Jessy Byaruhanga, upheld the High Court decision to free Mrs Nabikolo, stating that there was no strong evidence linking her to the murder.
The judges in their ruling, reproduced testimonies of 3 prosecution witnesses; one by John Gayi Bugembe a brother to the deceased who confirmed a strained relationship between the couple, a voice recording suggesting that Nabikolo promised to pay 50 million shillings to the murderer; and a Bodaboda rider who testified that he was hired by the late Kasiwukira to trail Nabikolo whenever she visited a native Doctor.
Deciding to the three witnesses, the judges pointed out their evidence failed to make any linkage between Nabikolo and the said murder.
“The circumstantial evidence sought to be relied upon by the Prosecution to convict the respondent to the murder was far-fetched and could not be relied upon to point to the guilt of the respondent,” they ruled.
In 2016 High court judge Wilson Masalu Musene acquitted Nabikolo on grounds that there was not enough evidence pinning her to the murder.
He instead convicted her sister Sandra Nakungu and Jayden Ashiraf a police officer
The Director of Public Prosecution (DPP) however, appealed against this decision, while two of the convicts also appealed against both their conviction and the 20year prison sentence.
The duo’s appeal despite being heard on the same day of 29th/March 2019 with that of Nabikolo; their judgement is still pending.