The International Crimes Division of the High Court in Kampala has convicted Sheikh Umaru Muwonge of aggravated trafficking in children and sentenced him to two years, three months and 22 days, the period he had already spent on remand.
On Monday, Lady Justice Alice Komuhangi Khauka convicted Umar after finding sufficient evidence that he had transported and harbored his 13-year-old niece while exercising control over her and exploiting her vulnerability arising from her parents’ inability to pay her school fees. The case arose from allegations that Sheikh Umar who was the girl’s paternal uncle, took her from her parents’ home and assumed responsibility for her education before allegedly making sexual advances towards her and using the financial support he provided as a means of control.
Court heard that between 2016 and 2023, the girl was maintained at Muwonge’s home in Nsubi Zone, Nansana, where he lived with his wife and daughter. He initially took her from her parents’ home and started paying her school fees because she was of a similar age to his daughter. The prosecution told court that in 2018, Umar was taken to prison after he was allegedly charged with rape and, upon his return, took the girl to live with another uncle, promising to collect her later but never returning for her. The girl’s mother picked her and began living with her in a rented room in Kyebando, Nansana.
Prosecution says Umar returned for the girl in 2021 and took her to live with him again before enrolling her at Victoria Education Services, a boarding school where his daughter was also studying. Justice Khauka said the evidence established that Umar had transported and maintained the girl.
The court further heard that in 2022, when the girl was in Primary Six, she woke up during the night to use the bathroom and Umar allegedly came from his bedroom and touched her breasts. The girl testified that she became frightened because she regarded Umar as her father figure, having taken responsibility for her education and provided her with what she described as a happy life. According to her evidence, Umar subsequently began making sexual demands and told her that it was time for her to pay back the money he had spent on her education.She testified that he reminded her that her poor biological parents could not afford her school fees.
Prosecution said Umar eventually stopped paying the girl’s school fees during the second term of Primary Seven. Court heard that one of the parents at the school noticed that the girl was no longer attending classes and asked her about her absence. A certain parent also saw her appearing active online using her phone and wondered why she was not in school.
The girl reportedly said her father was sick and could not afford her school fees. The parent offered to pay the fees after speaking to her father, and evidence of the payment was produced in court.
The school records also showed an outstanding balance of 1.38 million shillings. Irene Byanjeru, a school chaplain who testified as a prosecution witness, told court that the girl approached her when pupils with outstanding school fees were being sent home. Byanjeru testified that the girl pleaded with her not to send her home because she was not safe, alleging that her father figure was making sexual advances towards her. The chaplain said that after the Primary Leaving Examinations, she failed to follow up the matter and the girl was eventually sent home.
Court heard that on November 16, 2023, the girl called Byanjeru asking her to rescue her, saying Umar had threatened to enter her bedroom and have sexual intercourse with her. Byanjeru told court that she went to the girl’s home at about 8pm together with detectives from Nansana Police Station and rescued her. In his defence, Umar said the allegations of sexual abuse arose after the girl disagreed with his strict parenting style, particularly after he refused to allow her to go and stay with her friends.
Justice Khauka found that prosecution had proved the ingredients of aggravated child trafficking.
The judge explained that the prosecution was required to establish that the victim was below 18 years, that she had been transported or harboured for purposes of exploitation, and that the offence had been committed through means including deception or abuse of power.
The court found that the victim was 13 years old and that Umar had taken her from her parents, maintained her in his household and later taken her to a boarding school. Justice Khauka questioned why Umar, if he had initially taken the girl from her parents in order to assist her, did not return her to them when financial difficulties arose. The judge also questioned why restrictions had allegedly been placed on the girl’s mother from accessing her daughter, saying the circumstances showed that Umar had effectively exploited and controlled the victim.
The court found that Umar was the girl’s paternal uncle and that the girl was vulnerable because her parents could not afford her school fees. Justice Khauka said Umar had power over the girl and had used intimidation. “I find the accused guilty of aggravated trafficking in children,” the judge ruled.
Following the conviction, the prosecution led by State Attorney George Bigira asked the court to sentence Umar to life imprisonment, describing the offence as grave and saying it had occurred in a domestic setting where the convict had control over the victim.
Prosecution further argued that many girls could be experiencing similar circumstances but may lack the opportunity or confidence to report because they fear losing the support on which they depend.
The State asked court to impose a sentence that would deter potential offenders and protect girl children. Defence lawyer Samuel Ejok asked the court for leniency, arguing that Umar had cared for the girl for about seven years and had paid her school fees. The defence said Umar was remorseful and sorry for his conduct, and that he still regarded the girl as his daughter and wanted to continue supporting her education so that she could become a family lawyer.
Defence also told court that Umar was a family man with a son and daughter who had since lost their dependency on him, and that he had lost his income and standing in society as a result of the case.
The defence asked the court to sentence him to the period already spent on remand. In her sentencing remarks, Justice Khauka sentenced Umar to two years, three months and 22 days, saying the period he had spent on remand was sufficient for him to reform from his unbecoming behaviour.
The judge also told Umar that though he had opportunity to have sexual intercourse with the girl, he had restrained himself. She said his children like the girl who is friends with the victim need to continue with Education in a good school and she didn’t want her to develop hatred for the victim.
To support her sentence, the Judge has further reasoned that the organisation which is taking care of the victim will leave her at one time and she may want to go back to her family. As such, she found that Shiekh has shown remorsefulness by kneeling down to ask for forgiveness from the daughter.
Sheikh Umar became prominent after appearing on local Televisions convincing people to come to him because he reportedly does duwas/prayers of all types or all problems-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
