The High Court in Mbale has acquitted two brothers who had spent more than a decade in custody over the alleged murder of their father, ruling that the prosecution failed to prove their involvement beyond reasonable doubt.
Delivering judgment on Thursday, June 4, 2026, Justice Dr. Lubega Farouq cleared Julius Walato, also known as Musamali Jude, and Stephen Masinde Stephen of the charge of murdering their father, Clement Walato, who was killed in August 2015 in Bukhamunyu Village, Mbale District.
The two had been on trial for murder contrary to Sections 171 and 172 of the Penal Code Act. Prosecutors alleged that on August 18, 2015, the brothers, together with others still at large, attacked the deceased during a family dispute over land and fatally injured him using a panga.
Court records indicated that the deceased suffered severe injuries, including a deep cut to the neck, which medical findings showed caused excessive bleeding and led to his death.
A central pillar of the prosecution’s case was a reported dying declaration in which Clement Walato allegedly named his sons as part of the group that attacked him. This account was supported by testimony from his wife, Annet Wakooli Walato, and their son Herbert Musamali, who told court that the deceased identified several family members before he died.
While the court agreed that the deceased died as a result of an unlawful act and that the injuries pointed to an intention to kill, Justice Lubega noted that the key question was whether the two accused were actually among the perpetrators.
The judge emphasized that dying declarations, though admissible in law, must be treated with caution and ideally supported by independent evidence. In this case, the court found no additional credible material corroborating the allegation that the brothers were involved in the attack.
Justice Lubega also raised concerns about identification evidence presented by the prosecution. The deceased’s wife claimed she saw the accused near the scene shortly after hearing her husband’s distress call, but the judge noted that the incident occurred at night, increasing the likelihood of mistaken identity.
The court further observed that other individuals allegedly mentioned by the deceased were neither charged nor called to testify, casting doubt on the completeness of the police investigation.
Evidence presented in court also pointed to long-standing family disagreements over land distribution. While prosecution witnesses insisted the dispute involved the accused and their father, the brothers denied any direct conflict with the deceased, instead saying tensions were mainly with their stepmother.
Justice Lubega noted that the possibility of personal family grievances influencing the case could not be ignored, especially since key prosecution witnesses were directly involved in the same family conflict.
The judge further ruled that the accused had provided alibis, with Julius Walato claiming he was at home with his wife during the attack, while Stephen Masinde said he was attending to his sick spouse at a health facility. The court stressed that it was the prosecution’s duty to disprove these claims.
“In criminal proceedings, the burden remains on the prosecution to place the accused at the scene through credible evidence,” the judge noted, adding that there was no reliable proof linking them to the crime.
He concluded that the prosecution had failed to substantiate the alleged dying declaration or otherwise establish guilt beyond reasonable doubt.
Although court assessors had recommended conviction, Justice Lubega rejected their opinion, ruling instead that both men were not guilty.
“I find that the prosecution has not proved the case against the accused persons to the required standard,” he ruled, ordering their immediate release unless held on other lawful grounds.
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