The Masaka High Court has acquitted Edison Nio and Alex Mugarura, the last two suspects in the 2018 Kyotera School dormitory fire case. The court found that the prosecution failed to present sufficient evidence to sustain the charges against them. The fire, which occurred on November 11, 2018, resulted in the deaths of 10 students and destruction of property. The court's decision brings to a close the prosecution of suspects in connection with the fire.
Senior Resident Judge Victoria Nakintu Katamba delivered the judgment, ruling that the prosecution failed to prove beyond reasonable doubt that the accused participated in the offences. The judge noted that none of the 16 prosecution witnesses directly placed the accused at the scene of the crime. The witnesses also did not testify that they saw the accused committing the offences or heard them planning the attack.
The judge faulted the police for failing to produce in court all the pieces of evidence investigators claimed to have recovered and preserved during their investigations. The failure to present the exhibits for examination weakened the prosecution case, particularly after the defence challenged the integrity and circumstances surrounding the alleged evidence. The court assessors had earlier criticised the police investigation for failing to subject the exhibits to scientific examination.
The assessors noted that police had previously arrested other suspects in connection with the fire, but their cases collapsed after evidence emerged that weakened the prosecution's case. In 2024, the High Court acquitted Henry Talemwa after his lawyers raised concerns about violations of his rights as a juvenile. Another suspect, Dickson Kisuule, was acquitted in July this year after the court established that he was in police custody when the fire occurred.
Justice Nakintu said a thorough evaluation of the evidence had revealed critical gaps and inconsistencies in the investigations, which the prosecution had failed to resolve. The judge concurred with the court assessors' opinion that the police investigation was flawed. The acquittals bring to an end the prosecution of suspects who had been charged in connection with the dormitory fire.
Sam Ssekyewa, the lead lawyer for the acquitted suspects, said the case had exposed shortcomings in the competence of the police investigation. He said the defence team would study the judgment before deciding on their next course of action. Deborah Itwau, the senior state attorney who led the prosecution, declined to comment on the judgment.
The acquittals leave unanswered questions about who was responsible for the deaths of the 10 students and the destruction of school property. The case highlights the need for improved police investigations and prosecution of crimes in Uganda. The court's decision has brought closure to the suspects, but the community remains seeking justice for the victims of the 2018 fire.
Key points
- The Masaka High Court acquitted two suspects in the 2018 Kyotera School dormitory fire case due to lack of evidence.
- The prosecution failed to prove beyond reasonable doubt that the accused participated in the offences.
- The case highlights shortcomings in the competence of the police investigation and prosecution of crimes in Uganda.
