Court acquits one of the students remanded over Rakai school fire

Masaka High Court has acquitted one of the three students of St. Bernard’s SS ,Maanya  accused of torching a school dormitory in which 10 students died and 37 others injured.

The students through their lawyer Sam Ssekyewa filed an application in July asking court to acquit them citing gross violation of their fundamental rights, among others being over stay on remand, being detained in adult detention facilities, yet they were juveniles at the time of their arrest nearly six years ago .

While appearing before Masaka High Court judge Justice Victoria Nakintu Katamba, Mr Ssekyewa presented evidence indicating that the applicants, Moses Taremwa, (1st applicant), Alex Mugarura Junior (Second applicant), Dickson Kisule (Fourth Applicant) were juveniles at the time of their arrest.

Records before court indicate that  Taremwa, who has been acquitted by court, was born on May 23, 2002, as indicated in his affidavit backed by his baptism card issued on July 29,2002  .

 In her ruling , Justice Nakintu delivered to the parties’ lawyers via email dated  October 7, 2024, noted that the Uganda Certificate of Examinations (UCE) the administration of  St. Bernard’s SS ,Maanya  availed to court demonstrated that he was 17 years old by the time of his arrest agreeing with the applicant’s lawyer , that Taremwa was a juvenile.

 “The 1st Applicant who was juvenile at time of his detention, having spent more than five years in an adult prison, which duration exceeds the maximum sentence a juvenile may serve, it is directed the proceedings against him are a nullity and discontinued under Section 17 of the Judicature Act and S11(2) of the Human Rights Enforcement Act, 2019 to avoid further abuse of his constitutional rights he should be released immediately”  she ordered.

Justice Nakintu however agreed with the prosecution that the 2rd, 3rd and 4th applicants’ claims that they were not afforded their rights to be arraigned in court within 48 hours were not substantiated. She said that no evidence was adduced to prove the claims, rejecting the prayers to be acquitted basing on this claim.  

She also ruled that Mugarura   and Kisule were not juveniles at the time of their arrest in November 2018 saying that their trial and that of  Niyo should continue .

Mr Ssekyewa welcomed the ruling saying  the evidence they presented before court was overwhelming, thanking the court for  releasing  one of their clients.  

 ‘’The evidence we put before the trial judge was overwhelming and on looking at it, she came up with the decision that indeed Taremwa as a juvenile, and it’s a plus to us, that we have managed to get him justice at last, unfortunately we did not get a ruling on delayed trial of the applicants, and we are studying this to see how we can go about this to get justice for other three accused persons   as well.” he added.

Prosecution alleges that the accused persons, Henry Taremwa ,18, a resident of Mannya trading centre , Rakai,(A1) ,Alex  Mugarura, 18,  a resident of Kihinga Village Kasaana sub county Sheema District,  Kifamba sub county Rakai District and Dickson Kisuule, 18 , a resident of Kifamba Sub county Rakai District- all students at the same school, Edison Niyo allias Edie 22, self-employed resident of Maanya  trading centre and others that are still at large,  on the 11th day of November, 2018  at St. Bernard’s SS , Maanya in Rakai District killed Remigious Tamale and 9 other students in a school fire. 

According to the amended charge sheet, the accused persons are facing 48 counts, including 10 counts of murder, 36 counts of attempted murder, one count of arson and one count of attempted arson.