The High Court in Kabale has convicted a 31-year-old man of aggravated robbery after finding that the prosecution proved beyond reasonable doubt that he robbed his 66-year-old neighbour and family friend of Shs150,000 while threatening her with a panga.
Justice Karoli Lwanga Ssemogerere convicted Matia Bob Murumba on Tuesday following a trial in which the court relied on the victim’s identification evidence, exhibits recovered from the accused’s home and inconsistencies in his defence. Murumba was charged with aggravated robbery contrary to Sections 266 and 267(2) of the Penal Code Act.
The prosecution alleged that on April 12, 2023, at Nyabikoni Cell in Kabale Municipality, Murumba robbed Sister Jackline Kagwa of Shs150,000 and, immediately before or after the robbery, threatened her with a panga. Kagwa, the sole identifying witness, told the court that she was preparing supper at her home when she entered the main house during a power blackout and was suddenly grabbed by an assailant.
She said she used light from her mobile phone and saw the attacker holding a panga. According to her testimony, the assailant squeezed her neck and demanded Shs3 million, threatening to kill her if she did not hand over the money. Kagwa said the attacker eventually took Shs150,000 from a sideboard before searching other rooms.
She testified that when electricity was restored, she was able to identify the attacker as Murumba, whom she knew as her immediate neighbour and family friend. She further told the court that Murumba was wearing a white shirt with black spots, a cap and a scarf during the incident.
The court also heard that a ladder, a panga and a search certificate were recovered from Murumba’s home. The panga was admitted into evidence, while the investigating officer testified that the ladder remained in the accused’s compound. Murumba denied the allegations and told the court that he had returned home from work at about 6 pm on the day of the robbery and went to sleep.
He said the ladder and panga were recovered from his home in his absence. However, Justice Ssemogerere noted inconsistencies between Murumba’s testimony in court and a statement he had earlier made to police. The judge said Murumba had told police that he had spent the entire day at home, while he later told court that he had gone to work.
The judge also rejected the testimony of Murumba’s defence witness, Kevin Ayebare, describing it as deliberately untruthful after finding inconsistencies concerning the circumstances and timing of Murumba’s arrest. Justice Ssemogerere acknowledged the dangers associated with identification evidence obtained at night, particularly where there is only one identifying witness.
However, he said the circumstances of the case provided sufficient safeguards. The court noted that Kagwa was familiar with Murumba because they were neighbours and that she had an opportunity to observe him beyond a fleeting encounter. The court was also told that Murumba had allegedly robbed Kagwa on two previous occasions, although the files relating to those incidents reportedly went missing from the police. The prosecution said the latest incident was the third alleged robbery involving the two.
The court further considered the recovery of the ladder and panga from Murumba’s home and the inconsistencies in his defence. Justice Ssemogerere cited established legal principles requiring courts to exercise caution when relying on identification evidence obtained in difficult circumstances but concluded that the evidence taken as a whole established Murumba’s participation in the robbery.
“The prosecution has established the ingredients of the offence of aggravated robbery as committed by the accused beyond a reasonable doubt,” the judge ruled. Murumba was accordingly convicted of aggravated robbery. The court has scheduled sentencing for October 6, 2026-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
