Businessman Charles Olimu Sipapa and his wife, Shamira Namuyimba, have been ordered to defend themselves against charges arising from the alleged robbery of USD429,000, about Shs1.6 billion, and subsequent money laundering.
The decision was made by High Court Criminal Division Judge Michael Elubu after he found that the prosecution had presented sufficient evidence to establish a prima facie case against the couple.
Sipapa and Namuyimba are jointly charged with five counts of aggravated robbery under Sections 285 and 286(2) of the Penal Code Act.
Prosecution alleges that on August 29, 2022, Sipapa, Namuyimba and other suspects who have not been arrested broke into the home of South Sudanese businessman Jacob Arok Mul in Bunga-Kawuku, Makindye Division, Kampala.
According to the indictment, the occupants of the house were rendered unconscious using a substance identified as brallobarbital, after which the attackers allegedly made away with USD429,000, electronic devices, mobile phones and gold jewellery.
Sipapa also faces six separate counts of money laundering, with Namuyimba jointly charged on two of those counts.
The prosecution alleges that money and property obtained from the robbery were subsequently concealed or disguised through the acquisition of various assets, including musical equipment from Hong Kong, electronics and motor vehicles.
Investigators reportedly traced some of the stolen electronic devices using the “Find My Phone” application after the robbery was reported.
The tracking information allegedly led police to a residence on Kityo Close in Buwate, Kira Division, where Sipapa and Namuyimba lived.
A search of the residence, conducted in Namuyimba’s presence, allegedly resulted in the recovery of some laptops and mobile phones said to have been stolen during the robbery, together with cash and several motor vehicles.
The prosecution also relied on fingerprint evidence which it said connected Sipapa to an envelope recovered from the alleged robbery scene.
Sipapa was not present when the search was conducted but was arrested later, while Namuyimba was arrested following the search.
The prosecution, led by Chief State Attorney Edward Muhumuza and Senior State Attorney Timothy Amerit, presented 23 witnesses before closing its case.
Among the evidence placed before court were allegations that two vehicles recovered from the couple’s residence had been resprayed. Police also reportedly recovered vehicle parts, number plates and other motor vehicle accessories from the compound.
Prosecution alleges that the alterations to some of the vehicles, including the removal of identifying stickers, were intended to disguise their ownership and conceal the source of the property.
The couple has denied all the allegations. The case was transferred to the High Court after the Makindye Chief Magistrates Court committed them for trial, having determined that it lacked jurisdiction to hear the offences.
Following the close of the prosecution case, the court was required to determine whether the evidence presented was sufficient to require the accused persons to put up a defence.
In his ruling, Justice Elubu referred to the legal principles governing a prima facie case, including the East African Court of Appeal decision in Ramanlal T. Bhatt versus Republic and a subsequent Court of Appeal decision in the Kato Kajubi case.
The judge emphasised that a finding that an accused person has a case to answer is not a determination of guilt.
He explained that a prima facie case exists where the evidence before court is sufficient for a properly directed court to convict if the accused person chooses not to offer an explanation.
Justice Elubu said he had considered the statutory requirements for aggravated robbery and money laundering and assessed the prosecution evidence against the elements of the respective offences.
He consequently found that the prosecution had established a prima facie case against both Sipapa and Namuyimba.
The judge then invoked Section 74(2) of the Trial on Indictments Act, which requires an accused person to enter a defence where the court finds sufficient evidence connecting them to the alleged offences.
“Accordingly, both accused persons are called upon to enter their defence,” Justice Elubu ruled.
The judge said the detailed reasons for his decision would be set out in the final judgment.
The case, registered as HCT-00-CR-SC-0133-2023, has been ongoing since the accused persons were committed to the High Court for trial.
Sipapa and Namuyimba have been on remand at Luzira Prison since September 2022.
They are scheduled to begin presenting their defence on October 12 and October 19, 2026.
The case is ordinarily heard at the Anti-Corruption Court building in Kampala, where Justice Elubu also conducts other proceedings.
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