Masaka
It is over seven years since fire flames ripped a boy’s dormitory at St. Bernard’s Secondary School- Mannya, in Rakai district. The tragic incident occurred on the night of November 11, 2018, leaving 10 students dead, over 35 injured and property worth millions of shillings destroyed.
Both the bereaved families and the parents of the accused students have longed for justice while public interest in the case also gradually faded after waiting for too long.
Nevertheless, last week, the High Court in Masaka finally commenced hearing a trial into a gruesome incident. The case is presided over by the Resident Judge – Lady Justice Victoria Nankintu Katamba, and the prosecution led by Deborah Itwau.
On the opening of the trial, the court was packed to capacity, reflecting public’s confidence that the prosecution will finally uncover and provide answers in one of the deadliest school fire tragedies in Uganda.
Instead of providing answers many people had hoped for, several witnesses gave conflicting testimonies leaving many key questions unanswered.
Release of Another Accused
The week concluded with the high court acquitting Dickson Kisuule, a former student of St. Bernard’s Secondary School- Mannya in Rakai district, who was accused of setting a dormitory ablaze. Kisuule was accused with three others including Henry Taremwa, Alex Mugarura (students), and another, Edison Niyo.
He becomes the second person to be acquitted after Taremwa, who was released in October 2024 during the first trial. He had spent six years on remand yet he was a juvenile at the time of arrest.
The state prosecution led by Deborah Itwau, presenting five key witnesses. These include the former Head Teacher of the school Henry Nsubuga, Proscovia Namuganza, the former Deputy Head Teacher, Geoffrey Owori, the Assistant Director of Studies, Vincent Ssenkaayi, the former farm manager, and Christine Aluga, the former Officer in Charge of Mannya Police station.
Nine additional witnesses testified in 2024, bringing the total of witnesses to 14. But they all failed to link Kisuule to the crime because he was already in police custody a day before the school was attacked.
According to Nsubuga (former head teacher), 11 students including Kisuule had been suspended for disobedience and the S.4 candidates told to sit for their final exams coming from outside.
However, since Kisuule’s home was Lwamaggwa, he could not commute to school in time to write his exams. Therefore he decided to find a place to stay during the suspension. Few days later he went back to school to take a shower, but unfortunately, the DOS (Owori) found him and took him to the headteacher.
The headteacher (Nsubuga) took him to Mannya police station on November 10, 2018 and charged with criminal trespass. “So police detained him there as he waited for his parents. What happened next I don’t know,” Nsubuga said.
In addition, court heard that Kisuule had a brother who also stayed in the same dormitory making it unlikely that he could have participated in burning the building with his sibling inside.
Defence lawyer – Sam Ssekyewa said there is no way Kisuule could have participated in setting the school dormitory ablaze. “There is no evidence whatsoever, and this young man has been in jail for nearly 8 years on a crime he did not commit,” he added.
Ssekyewa further requested court to release him saying prosecution could not place him at the scene on the night of the tragic fire incident.
The presiding Judge Nakintu agreed with the defense that prosecution had failed to adduce any evidence linking Kisuule to alleged crime. She further upheld the defense application and dismissed all the 50 charges against him and ordered for his release.
However, Nakintu adjourned the trial to August 3, 2026 for further hearing of the case against the remaining accused persons Alex Mugarura and Edison Niyo.
Ssekyewa told journalists shortly after the ruling that the defence applauds court decision saying it has given renewed energy and determination to continue fighting for the two remaining accused persons.
Shocking Revelations
The most striking testimony of the week came from Vincent Ssenkaayi, the former school farm manager. He told court that he had received key intelligence that could have helped prevent the arson attack but failed to inform the school administration in time.
On November 10, 2018, Ssenkaayi reportedly found a group of students sitting in a garden near the school playground and became suspicious of their behaviour. He approached them and asked what they were doing, but they ignored him.
Earlier, there had been an attempt to burn the dormitory on November 8, 2018 but it was put out and the matter reported at Mannya Police Station for investigation.
“Jokingly, I told them, ‘let’s hope you are not planning to burn our school (referring to an earlier attempt),” Ssenkaayi recounted, adding that one of them said, ‘it was possible’, then they walked away.
Ssenkaayi told court that he went to school that day to alert the authorities about the alleged threat, but being a Saturday, Geoffrey Owori, the Assistant Director of Studies, advised him to return on Monday to meet and brief the headmaster, Henry Nsubuga about the said threats.
“Before I could return (on Monday -November 12), I heard that the school had been attacked and a dormitory set on fire,” he added.
But during the cross-examination, the Defense lawyer – Sam Ssekyewa, argued that Ssenkaayi’s testimony in court was inconsistent with the statement he earlier recorded with police shortly after the incident.
Ssekyewa also said that the witness’s police statement does not mention anywhere that he visited the school on Saturday or met and informed Owori about the alleged threats, as he claimed.
When asked whether he knew the accused, Ssenkayi could not identify them. “Still, I don’t even know the reason why they (accused) were arrested,” he said.
However, his testimony immediately sparked painful emotions among family members of the deceased, with some seen whispering their frustration that if Ssenkayi had reported the matter to the police and to any school authority in time, the tragedy might have been prevented.
Another Twist
In his statement to police shortly after the incident, Geoffrey Owori, the Ass. Director of Studies, revealed that there had been a rift between the school’s board of directors and the teachers.
He added that it arose after the school introduced a new policy that required all teachers to reapply for their jobs which did not please the 52 teachers.
However, defense also argued that some disgruntled teachers could have masterminded the dormitory fire and further faulted police’s failure to look into that possibility.
Students Arrested For Panicking Amid Police Raid
Christine Aluga, the former Officer in Charge of Mannya police station, told court that she received information following the incident that some people had been seen fleeing the scene towards the trading centre.
Acting upon this information, she led a police raid on a house where two students, Taremwa and Mugarura, who had been expelled from the school were staying.
“We went in and I pulled off the blanket they were sleeping under. I became suspicious because they looked frightened when they saw us,” Aluga explained. She added that they also found another boy called Kabuye, a pupil of St. Nicholas Primary School, who was staying with them.
But defense argued that she had no evidence pinning them to the dormitory fire incident, adding that getting frightened during a sudden raid is a natural reaction which does not make someone a suspect or a criminal.
“They were scared because you invaded their privacy. It is natural for someone to be scared if they are approached the way you did,” Ssekyewa argued.
Alternative Account, Video Clip
Throughout the week, the defense team spent most of the time arguing that officers who investigated the case put much focus on the suspended students, tying them to the crime because of their alleged bullying and disobedience at school. “As a result, they failed to focus on other possible suspects,” Ssekyewa said.
In addition, Ssekyewa referred the court to the Bukedde newspaper report of September 19, 2019 in which it stated that two suspects, Sharif Yiga and one Brian Derrick, had been arrested and reportedly confessed to committing different crimes including setting the dormitory at St Bernard Secondary School – Mannya on fire.
The defense also played a video clip in court in which Yiga purportedly confessed to burning the dormitory, claiming to have been hired by some head teachers from other schools to execute the attack. Still, in the video, Yiga alleges that he and his accomplices were paid sh12 million for the mission.
“In light of the video confession, I find it unjustifiable to continue prosecuting these students because another suspect had already admitted to committing the crime and took responsibility for the incident.
Number of suspects
Initially, more than 11 suspects, including Henry Taremwa, Alex Mugarura, Dickson Kisuule (students), Edison Niyo, Michael Tayebwa, a security guard and Corp. Steven Nzeyimana, a police constable at Mannya police station, and others at large.
Also, Nsubuga (Headmaster), Geoffrey Owori (Ass. Director of Studies), Adolf Kagwa (warden), Ronald Mugisha and Achilles Mugerwa were arrested shortly after the incident. But they recorded statements and were later released on bond.
END
English 