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 robbery of USD 429,000 (about Shs1.6 billion) and other valuables.
Criminal Division Judge Michael Elubu made the ruling after finding that the prosecution had presented sufficient evidence requiring the two accused persons to explain their side of the case.
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, the couple and other suspects still at large broke into the home of South Sudanese businessman Jacob Arok Mul in Bunga-Kawuku, Makindye Division, Kampala.
According to the prosecution, six South Sudanese nationals were robbed of cash, mobile phones, laptops, gold jewellery and other property. The victims were allegedly rendered unconscious using a substance identified in the indictment as brallobarbital.
Arok is alleged to have lost USD 429,000, two mobile phones and a 75-inch television, among other property.
Other victims named in the charges include Mary Ateng, Chol Ateng, Deng Arok, Abig Yar and James Manyok, who allegedly lost phones, laptops, jewellery and cash.
The prosecution said investigations were launched after the robbery and police used the “Find My Phone” application to track 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 allegedly recovered some of the stolen phones and laptops, cash and other items. Fingerprints lifted from an envelope recovered at the robbery scene were also said to have matched those of Sipapa.
Sipapa was not at the house during the search 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.
Sipapa is separately facing six counts of money laundering, two of which are jointly charged with Namuyimba. The prosecution alleges that money obtained from the robbery was converted into assets, including motor vehicles, electronics and musical equipment reportedly purchased from Hong Kong, in an attempt to conceal its alleged criminal origin.
Prosecution evidence also alleges that some vehicles were resprayed and that stickers bearing the name “Sipapa” were removed from vehicles in an effort to conceal their ownership.
The prosecution further presented evidence of several vehicle parts, accessories and two vehicles allegedly recovered from the accused persons’ premises.
Both accused persons denied the charges after being committed to the High Court by the Makindye Chief Magistrates Court, which lacked jurisdiction to try the offences.
After the prosecution closed its case, the court was required to determine whether a prima facie case had been established against the accused persons.
In his ruling, Justice Elubu referred to the legal test for determining whether an accused person has a case to answer, citing the East African Court of Appeal decision in Ramanlal T. Bhatt v R and the Court of Appeal decision in Kato Kajubi v Uganda.
The judge explained that a prima facie case does not mean that an accused person has been found guilty. Instead, it means that the prosecution has presented evidence which could support a conviction if the accused person offered no explanation.
After considering the evidence and the legal requirements for aggravated robbery and money laundering, Justice Elubu found that the prosecution had established a prima facie case against both accused persons.
He therefore invoked Section 74(2) of the Trial on Indictments Act and ordered them to enter their defence.
“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.
Sipapa and Namuyimba, who have been on remand at Luzira Prison since September 2022, are expected to begin presenting their defence on October 12 and 19, 2026.
The case is registered under reference HCT-00-CR-SC-0133-2023.
