Muwanga at murder scene                                                                Witness sees victims being shot

This is an edited version of the judgement of court which convicted Chris Rwakasisi on murder and sentenced him to death. Rwakasisi, the former Minister of State for Security in the President’s Office, was one of the most feared in the Obote II government (1981-85). The High Court sentenced him and his co-accused Elias Wanyama to death in 1988. Rwakasisi’s conviction was later upheld by the Supreme Court, but Wanyama was acquitted. The judges were: Manyindo D.C.J, Platt J.S.C, Seaton J.S.C. (Appeal against conviction and sentence of High Court decision holden at Mbarara by. Justice Ignatius Mukanza on 30th June 1988).

Court Judgement

In May 1981 Milton Obote was the President for the second time since independence. Rwakasisi was a Minister of State in the President’s Office. His home area was Mbarara. Some people resented the government. They took to the bush, held meetings and waged guerilla activities. In Mbarara a group of guerillas was believed to exist. Plans were made to act against them. A number of people were brought to Nile Mansions in Kampala. Some of them were subsequently taken to Kireka Barracks on the outskirts of Kampala where they were killed.

These events led to criminal proceedings six years later. Rwakasisi, Wanyama and three co-accused were tried in the High Court on 16 counts of murder, kidnapping with intent to murder and robbery.

On 30th June 1988 Rwakasisi was sentenced to death on five counts of kidnapping with intent to murder and Wanyama received the same sentence on six counts of murder. This appeal is against the convictions and sentences.

Kidnapping with intent to murder is an offence under S. 235(1) (a) of the Penal Code. The relevant provisions of the Code state as follows:- “235. (1) Any person who by force or fraud kidnaps abducts takes away or detains any person against his will; (a) With intent that such person may be murdered or may be so disposed of as so be put in danger of being murdered…commits an offence and shall on conviction be liable to suffer death.” The victims are named as: Kananura, Agaba, Haji Mbiringi, Rwanchwende, Kabazaire, Muhumuza and Mwiine.

Thus count 8 in the particulars of offence alleged as follows: “Chris Rutimbiraho Rwakasisi and others still at large, on or about 15th May 1981  at Rubaya Trading Centre in Mbarara District forcibly took away Rwanchwende against his will with intent that the said Rwanchwende may be murdered.”

Particulars of offence in counts 9,11, 12 and 13 alleged as follows: “Elias Wanyama and others still at large on or about 20th May 1981 at Kireka Barracks in Mpigi District murdered George Kananura Rwabutoto.”

On or about 13th May 1981, Rwakasisi called a meeting at Nile Mansions in Kampala. It was attended by Wanyama and high ranking Police, Army and Special Force officers. After the meeting, Rwakasisi came out with a list of names of people suspected of waging a guerrilla war. He ordered some security officers to go to Mbarara and have these people arrested and brought before him. The officers were directed by Rwakasisi to get in touch at Mbarara; two intelligence officers from the President’s Office and two others from Special Branch.

The persons named would identify those suspected of being guerillas, who were to be brought to Rwakasisi in Nile Mansion, Kampala. These instructions were carried out. Seven victims were seized on 19th May 1981 at their homes in Mbarara a “posse” of soldiers and special forces men. Some of the victims’ properties were also seized. They were carried by force or ruse to Mbarara Police Station where they were put into a uniport. Subsequently the victims were taken to Nile Mansions, Kampala where they were interrogated in Room 223 by Rwakasisi. They were later taken to Kireka Army Barracks and eventually put to death and that Wanyama was present and participated in the murder.

Rwakasisi’s defence: He said he had neither held nor attended the meeting at Nile Mansions where a decision was made regarding anti-guerrilla actions. He had not ordered the Mbarara victims’ kidnappings and knew nothing about their fate; orders for the seizure and taking away of the victims was a collective security decision carried out lawfully by the police, army and Special Force officers to protect the government against persons suspected of treasonable activities; if subsequent to the arrests unfortunate acts were carried out, these were not intended by or in contemplation of those who gave lawful orders for the arrest of the victims.  

Wanyama’s defence: He said he was not in Mbarara, not at Nile Mansions nor at Kireka Barracks on the date of the killings but in Bushenyi District.

The High Court judge found that the evidence against Rwakasisi was mostly circumstantial, the only direct evidence of his participation came from Witness No. 23 Katabazi, an army corporal stationed at Nile Mansions, who witnessed the meeting from which Rwakasisi emerged to give orders for seizing the victims in Mbarara and bringing them to him and of the subsequent interrogation of the victims by Rwakasisi in Room 223 of Nile Mansions. The judge held that Katabazi was an accomplice but he found corroboration of his evidence and accepted it. He also accepted the testimony of other witnesses of Rwakasisi’s visit to Kireka Barracks to see the victims in their cells. Shortly before they were taken out and killed and of his evasive attitude when relatives of the victims sought help from him in ascertaining their whereabouts. From this evidence the judge inferred Rwakasisi’s intent that the victims might be murdered.

With regard to Wanyama, the judge found that his alibi was disproved by evidence of witnesses Adam Muhanguzi, Atukunda Hope, John Fisher Lwanga and Ismail respectively, who identified him at Mbarara, Nile Mansions and Kireka at the time when he claimed to have been in Bushenyi.