The High Court Criminal Division in Kampala has convicted nine people over the kidnap and gruesome murder of Susan Magara, daughter of businessman John Magara in February 2018.
Justice Alex Mackay Ajiji on Monday found Yusuf Lubega, Mahad Kisalita, Ismail Bukenya, Abubaker Kyewokya, Hassan Wasswa, Abbas Musa Buwembo, Hussein Kato Miiro, Hajjara Nakandi and Muzamir Ssali guilty of kidnapping Magara with intent to procure a ransom before murdering her after holding her captive for nearly three weeks.
The convicts have been jointly charged with kidnap with intent to procure a ransom and murder. The prosecution accused them of abducting Magara from Lungujja in Kampala on February 7, 2018 before killing her between February 25 and 27, 2018 at Konge. They all denied the charges.
Delivering the judgment, Justice Ajiji held that the prosecution had proved beyond reasonable doubt that the accused jointly planned and executed the kidnapping, detained Magara, demanded a ransom from her family, cut off two of her fingers to force payment and later killed her because she had become a liability capable of identifying her captors.
Court has heard that at about 7:50 p.m. on February 7, 2018, Magara was speaking on phone to her friend, Yusuf Muhindo, when he suddenly heard a violent struggle. Muhindo testified that Magara screamed in Luganda, “Temunkuba” (Don’t beat me), before he heard two male voices. The call continued for about 40 seconds before it was disconnected. Muhindo immediately attempted to contact police and later informed Magara’s family. That same night, Magara’s Toyota RAV4 registration number UAJ 790W was recovered abandoned in Lungujja with its engine still running while her mobile phones remained inside the vehicle.
Justice Ajiji has ruled that the screaming heard during the phone call together with the abandoned vehicle established that Magara had been forcibly removed against her will. Court heard that on February 8, 2018, the kidnappers began contacting Magara’s relatives demanding an initial ransom of between one million and 1.5 million US dollars. Following negotiations with her father, John Magara, the demand was reduced to 200,000 US dollars (700 million Uganda Shillings) which the man paid but still lost his 28 year old daughter who was a cashier at Bwendeiro Diary Farm.
Evidence showed that between February 15 and 17, 2018, the kidnappers twice attempted to collect the ransom but abandoned both operations after suspecting that the family had involved the police.
On February 19, 2018, Magara’s father received instructions to collect a package from a fuel station. The parcel contained two severed fingers belonging to Magara and a flash disk labelled “Must Watch.” The flash disk contained a video showing Magara pleading with her father to pay the kidnappers the full ransom.
Digital forensic examiner Enock Kanene authenticated the video while forensic laboratory analysis confirmed that the fingers belonged to Magara. Justice Ajiji said forensic evidence established that Magara was still alive when her fingers were cut off, describing the act as deliberate torture intended to force the family to pay the ransom. Court further heard that on February 23, 2018, Florence Magara delivered the negotiated ransom of 200,000 US dollars at Kanaaba in Ndejje following instructions from the kidnappers.
Despite receiving the money, the kidnappers did not release Magara. Her body was recovered on February 27, 2018 at Kitiko-Birongo Village along the Entebbe Expressway. A postmortem examination established that two fingers were missing and that she died from asphyxia due to manual strangulation.
The prosecution led by Chief State Attorney Joseph Kyomuhendo, Irene Nakimbugwe and Sharifah Nalwanga presented 45 witnesses while the court summoned one additional witness from the National Identification and Registration Authority (NIRA), bringing the total number of prosecution witnesses to 46.The defence called 20 witnesses.
The prosecution also relied on more than 80 exhibits, including communication matrices, DNA reports, forensic laboratory reports, postmortem reports, crime scene reports, scene reconstruction videos, bank statements, land purchase agreements and motor vehicle ownership records.
Justice Ajiji placed significant reliance on the testimony of telecommunications forensic expert Frank Nyakairu, whose communication analysis showed that the accused remained in constant contact before, during and after the kidnapping. The communication records also placed several of the accused at ransom collection points and other locations connected to the crime.
Court further relied on evidence that some of the accused led investigators to places where Magara had been held, the ransom collection points and the site where her body was dumped, holding that such information could only have been known by people directly involved in the offences.
The judge also found that several of the accused rapidly acquired expensive assets shortly after the ransom was paid, including land in Buikwe and Luweero districts, commercial trucks and other motor vehicles. He ruled that the explanations offered regarding the source of the funds were vague and unsupported by evidence, making the acquisitions strong circumstantial evidence that they had benefited from the ransom.
The defence led by Richard Kumbuga argued that the prosecution had failed to directly link the accused to the crimes, challenged the reliability of the telephone communication analysis and maintained that the alleged masterminds, Yakub Byensi and Hakim Lugolobi, remain at large.
Justice Ajiji rejected the defence, holding that the communication records, forensic evidence, financial records, witness testimony and conduct of the accused established a complete chain of evidence proving their common intention and participation in the offences.
He said that the group planned the abduction, held Magara captive for nearly three weeks, severed her fingers to compel payment of the ransom and eventually killed her because she had become a liability capable of identifying them.
The court heard that the two alleged masterminds, Yakub Byensi and Hakim Lugolobi, remain at large. Their absence, the judge ruled, does not affect the criminal responsibility of the nine convicts whose participation in the offences was proved beyond reasonable doubt. Mitigation and Sentencing is expected tomorrow Tuesday August 4th 2026-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
