The prosecution has asked the High Court in Kampala to impose the death penalty on the nine people convicted of kidnapping and murdering businesswoman Susan Magara, describing the crime as one of the “rarest of rare” cases under Uganda’s sentencing guidelines.
The convicts—Yusuf Lubega, Mahad Kisalita, Ismail Bukenya, Abubaker Kyewokya, twin brothers Hassan Wasswa and Hussein Kato Miiro, Abbas Musa Buwembo, Hajjara Nakandi and Muzamir Ssali—were on Monday found guilty of abducting the 28-year-old former Bwendeiro Dairy cashier from Lungujja, near Kabaka Njagala Road, in February 2018.
They held her captive for three weeks, cut off her fingers, and murdered her shortly after her family paid a ransom of 700 million shillings in a failed attempt to secure her release. Her body was later dumped along Entebbe Road. The case returned to court on Tuesday for mitigation and submissions on aggravating factors before trial judge Justice Alex Mackay Ajiji.
Chief State Attorney Sherifah Nalwanga told the court that the kidnapping was meticulously planned and executed solely to extort money before the victim was deliberately murdered. Citing Rules 20 and 21 of the Sentencing Guidelines, Nalwanga argued that the offence attracts a sentence ranging from 35 years’ imprisonment to death, but submitted that the brutality of the crime justified the maximum punishment.
She described the offence as involving “extreme cruelty”, saying the gang carefully organized the kidnapping, held Magara in captivity, tortured her and ultimately killed her after receiving the ransom. Together with Chief State Attorney Joseph Kyomuhendo and Senior State Attorney Irene Nakimbugwe, Nalwanga argued that the case falls within the category of the “rarest of rare” offences warranting capital punishment. The prosecution outlined the specific roles played by each convict.
According to the State, Yusuf Lubega masterminded the operation, participated in planning meetings, supervised the collection of the ransom, helped dispose of Magara’s body, and later invested part of the ransom money. Hassan Wasswa allegedly participated in the kidnapping, delivered food to the captive, and benefited from land purchased using the ransom proceeds in Buikwe District.
Muzamir Ssali was accused of transporting fellow gang members to ransom collection points, while Hajjara Nakandi allegedly provided the house where Magara was held and made the final decision to kill her after the kidnappers feared they had been exposed. The prosecution further alleged that Nakandi encouraged the kidnapping as a way of raising money to support fellow Muslims.
Other convicts, including Abubaker Kyewokya, Hussein Kato Miiro, Mahad Kisalita, Ismail Bukenya and Abbas Musa Buwembo, were assigned roles ranging from guarding the captive and conducting surveillance to facilitating logistics and purchasing property using the ransom money. The prosecution singled out Buwembo as the person who cut off Magara’s fingers, injected her with ketamine and suffocated her using a polythene bag.
Nalwanga further told court that the gang deliberately targeted a woman because they considered her more vulnerable. She said the group had initially planned to kidnap Magara’s relative, Immaculate Magara, before abandoning that plan and eventually abducting Susan on their third attempt. She added that after the murder, each participant allegedly received one million shillings to destroy the clothes worn during the crime, explaining why investigators were unable to recover them.
The prosecution also detailed the devastating impact of the crime on Magara’s family. Nalwanga said Magara’s father, John Magara, continues to suffer nightmares and spends long hours staring at the door hoping his daughter will return. She added that Immaculate Magara continues to experience traumatic flashbacks, while Flora Magara developed ulcers due to stress and remains fearful for her safety.
The court heard that besides paying a ransom of 200,000 US dollars, the family spent an additional 240 million shillings searching for Magara, recovering her body and meeting burial expenses. The prosecution also noted that Magara had been supporting vulnerable women and children with approximately 42 million shillings, assistance that ceased following her death. Speaking on behalf of the family, Flora Magara pleaded with the court to impose the maximum sentence.
“We are suffering. My brother John, his wife Immaculate and I are scared for our lives. I pray this court to pass the maximum sentence of death,” she said. On compensation, Senior State Attorney Irene Nakimbugwe asked the court to recover the entire 200,000 US dollars paid as ransom, describing it as proceeds of crime that should benefit the victim’s family. She said investigations established that the convicts used the ransom money to acquire 35 acres of land in Buikwe District valued at about 130 million shillings, another acre in Luweero District worth about 13 million shillings, and several motor vehicles.
Nakimbugwe asked the court to order the forfeiture of all properties purchased using the ransom proceeds, have them valued and sold, and direct that the proceeds be paid to Magara’s family. She also requested the confiscation of three vehicles allegedly used during surveillance, the kidnapping and disposal of the victim’s body. “The court should not only punish the accused but also deprive them of enjoying the proceeds of their crime,” Nakimbugwe submitted.
The prosecution further relied on the 2017 and 2018 Annual Crime Reports, noting that kidnappings had become increasingly common during that period, with 184 kidnapping cases recorded in 2018 alone. In mitigation, defence lawyer Richard Kumbuga expressed condolences to Magara’s family and acknowledged the pain caused by the crime.
He urged the court to exercise mercy, arguing that apart from the twin brothers, Hassan Wasswa and Hussein Kato Miiro, the other convicts were breadwinners supporting families. He said Nakandi had a husband and children, while the male convicts had wives and children who depended on them. Kumbuga argued that lengthy prison sentences would punish not only the convicts but also their innocent children, many of whom risk being left destitute.
“The nation lost Magara, and it will not benefit anything when nine more die,” he submitted. He added that “an eye for an eye” does not bring peace to society and warned against using the law as a tool for revenge. Referring to the Biblical story of Cain and Abel in Genesis, Kumbuga argued that even after Cain committed the first murder, God punished him without taking his life, suggesting that rehabilitation rather than execution should guide sentencing. The defence’s mitigation was still underway at the time of filing this report, after which Justice Alex Mackay Ajiji is expected to deliver the sentence-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
