The High Court in Kampala has ruled that businessman Charles Olimu Sipapa and his wife, Shamira Namuyimba, have a case to answer over the alleged aggravated robbery of 429,000 US dollars, equivalent to about 1.6 billion shillings, and money laundering.
Criminal Division Judge Michael Elubu has directed the two accused persons to enter their defence after finding that the prosecution presented sufficient evidence to establish a prima facie case against them.
Sipapa and Namuyimba are jointly facing five counts of aggravated robbery under Sections 285 and 286(2) of the Penal Code Act.
The prosecution alleges that on the night of August 29, 2022, Sipapa, Namuyimba and others still at large broke into the home of South Sudanese businessman Jacob Arok Mul in Bunga-Kawuku, Makindye Division, Kampala.
The prosecution alleges that the victims were rendered unconscious using a substance identified in the indictment as brallobarbital before the attackers stole 429,000 US dollars, electronics, mobile phones and gold jewellery.
Sipapa is separately facing six counts of money laundering, two of which he is jointly charged with Namuyimba.
The prosecution alleges that proceeds of the robbery were concealed or disguised by converting them into assets, including musical equipment purchased from Hong Kong, electronics and motor vehicles. The court heard that after the robbery was reported, police activated the “Find My Phone” application on some of the stolen devices.
The tracking information allegedly led investigators to a house on Kityo Close in Buwate, Kira Division, where Sipapa and Namuyimba lived.
Police searched the house in the presence of Namuyimba and, according to the prosecution, recovered some of the laptops and phones reported stolen, as well as cash and several motor vehicles.
The prosecution also presented fingerprint evidence which it said linked Sipapa to an envelope recovered from the scene of the robbery.
Sipapa was not at the house when the search was conducted but was later arrested, while Namuyimba was arrested following the search.
The prosecution, led by Chief State Attorney Edward Muhumuza and Senior State Attorney Timothy Amerit, called 23 witnesses before closing its case.
The evidence presented to court included allegations that two vehicles found at the couple’s home had been resprayed and that vehicle parts, number plates and other car accessories were recovered from the compound.
The prosecution alleges that the respraying and removal of identifying stickers from some vehicles were intended to conceal their ownership and source.
The couple denied the charges after the case was committed to the High Court by the Makindye Chief Magistrates Court, which lacked jurisdiction to try the offences.
After the prosecution closed its case, both sides left the question of whether there was sufficient evidence requiring a defence to the court.
In his ruling, Justice Elubu considered the legal test for a prima facie case, citing the East African Court of Appeal decision in Ramanlal T. Bhatt versus Republic and a subsequent Court of Appeal decision in the Kato Kajubi case.
The judge stressed that finding a prima facie case does not amount to a finding of guilt.
He said it means there is evidence upon which a properly directed court could convict if the accused persons did not explain.
Justice Elubu said he had examined the law governing aggravated robbery and money laundering and assessed the prosecution evidence against the elements of the offences.
He concluded that the prosecution had established a prima facie case against both accused persons.
The judge consequently invoked Section 74(2) of the Trial on Indictments Act, which requires an accused person to enter a defence where the court finds sufficient evidence that the accused committed the offence.
“Accordingly, both accused persons are called upon to enter their defence,” Justice Elubu ruled.
The judge said detailed reasons for the decision would be contained in the final judgment.
The case is registered under reference HCT-00-CR-SC-0133-2023.
Sipapa and Namuyimba, who have been on remand at Luzira Prison since September 2022, are expected to begin their defence on October 12 and 19, 2026.
The case is ordinarily heard at the Anti-Corruption Court building in Kampala, where Justice Elubu also handles other matters-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
