The International Crimes Division of the High Court in Kampala has ruled that retired Lieutenant Colonel Stephen Aine Owomugisha has a case to answer over charges of aggravated child trafficking and aggravated defilement.
Lady Justice Susan Okalany issued the ruling after the prosecution, led by Chief State Attorney Joseph Kyomuhendo, concluded its case against the former army officer.
Owomugisha faces two counts arising from allegations involving a girl who was 11 years old at the time of the alleged offences.
The prosecution alleges that between 2020 and 2022, in Teso Modern Ward, Lira City, Owomugisha received, maintained and harboured the child for purposes of sexual exploitation. He is also accused of engaging in sexual acts with her during the same period.
To support its case, the prosecution presented 13 witnesses and tendered 10 exhibits before court.
Among those who testified was the girl, referred to in the proceedings as Witness A. The court heard that she came into Owomugisha’s care after reporting to Lira Police Station that she had been beaten by her mother.
According to her testimony, a police officer later handed her over to Owomugisha, who took her to his home in Lira. She lived there with Owomugisha and other children until 2022.
The prosecution presented evidence that Owomugisha provided the girl with accommodation, food, school fees and other necessities while she stayed at his home.
Another child who lived in the household and a neighbour also testified that Witness A was residing at Owomugisha’s home.
In assessing whether the prosecution had established a case requiring a defence, Justice Okalany found that the evidence was sufficient to show that Owomugisha had received, maintained and harboured the child.
The court also considered evidence relating to the alleged sexual exploitation of the girl.
Witness A testified that Owomugisha began having sexual intercourse with her in 2019 and allegedly threatened to beat her if she revealed what was happening.
She later told another child in the household about the alleged abuse and subsequently disclosed the allegations to a women’s rights organisation. The disclosure led to a police investigation and a medical examination.
A medical certificate presented in court indicated that the girl’s hymen had been “ruptured sometime back”. Justice Okalany found the medical evidence to be corroborative of the girl’s account of having engaged in sexual activity.
The court also examined evidence concerning the girl’s age. Her date of birth was recorded as October 25, 2010, while a Police Form 3A and a medical assessment were also relied upon by the prosecution.
Justice Okalany held that the evidence presented at the prima facie stage was sufficient to establish that Witness A was a child.
The judge further noted that under the Prevention of Trafficking in Persons Act, where the alleged victim is a child, the prosecution does not have to prove the specific means of trafficking that would ordinarily be required in other circumstances.
Alleged movement of the girl
The court also considered evidence concerning the alleged movement of Witness A from Lira.
According to the ruling, the girl testified that Owomugisha instructed her to travel with his friend, Ambrose Kibuuka, to his family home in Amolatar District.
Police later traced the girl there and recovered her.
Justice Okalany found that the evidence, when considered against the threshold applicable at the close of the prosecution case, established a connection between Owomugisha and the alleged offences.
On the aggravated defilement count, the judge similarly found that the prosecution had presented sufficient evidence concerning the girl’s age, the alleged sexual acts and Owomugisha’s alleged involvement.
The court therefore ruled that the prosecution had established a prima facie case on both charges and directed Owomugisha to enter his defence.
Defence to begin October 15
Under Section 74 of the Trial on Indictments Act, a trial court must determine, after the prosecution closes its case, whether sufficient evidence has been presented to require an accused person to answer the charges.
Justice Okalany referred to the principle established in Bhatt v R, which provides that a prima facie case exists where the prosecution evidence is such that a properly directed court could convict if the accused offered no explanation or evidence.
Owomugisha has previously denied the allegations and described them as fabricated. He has also linked the case to a land dispute which he says he won against the late Supreme Court Judge Rubby Opio Aweri.
He is scheduled to begin his defence on October 15, 2026.
The ruling does not amount to a conviction. Owomugisha remains presumed innocent unless and until the court finds him guilty after hearing his defence and determining the case on its merits.
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