The Supreme Court in Kampala has acquitted Moses Kabareebe, a landlord who had been serving a 10-year prison sentence for allegedly raping the maid of one of his tenants.
In a unanimous decision, a panel of five justices—Percy Night Tuhaise, Stephen Musota, Christopher Izama Madrama, Catherine Bamugemereire and Monica Mugenyi—ordered Kabareebe’s immediate release, citing major inconsistencies in the prosecution’s case.
Kabareebe was convicted by the High Court in 2021 for the alleged rape of a housemaid in Kyebando, a suburb of Kampala.
By the time of the ruling, he had already served five years in Luzira Prison. The Supreme Court found that contradictions in the complainant’s testimony cast serious doubt on the allegation of non-consensual sex.
Initially, the maid testified that she had never had sexual relations with any man other than Kabareebe and denied having a child.
However, she later admitted in December 2020 to having a five-month-old baby, implying she conceived two months before the alleged rape.
A subsequent DNA test confirmed Kabareebe was not the child’s father. The justices observed that this discrepancy, along with claims that Kabareebe instructed the maid to hide the child’s existence, raised questions about the true nature of their relationship.
The court also cited evidence of ongoing communication between the complainant and Kabareebe after his arrest, including conversations in which he allegedly advised her against terminating the pregnancy.
“This behavior is inconsistent with that of a rape victim and raises serious doubt about whether the sexual encounter was truly non-consensual,” the justices noted.
Additionally, the Supreme Court faulted the police for failing to conduct a crime scene reconstruction and criticized the trial court’s acceptance of a medical report that had not been properly admitted into evidence.
The court ruled that this violated Kabareebe’s right to a fair trial. The prosecution’s claim that Kabareebe threatened the maid with a firearm was also dismissed, as no gun was recovered and evidence showed he had surrendered his licensed weapon to the Chieftaincy of Military Intelligence before the alleged incident.
The justices concluded that the inconsistencies in the complainant’s testimony, some of which they characterized as possible deliberate falsehoods, were substantial enough to collapse the prosecution’s case.
They emphasized that in cases where reasonable doubt exists, the benefit must go to the accused.
Kabareebe’s conviction and sentence, previously upheld by Court of Appeal justices Richard Buteera (then Deputy Chief Justice), Elizabeth Musoke and Cheborion Barishaki, were accordingly set aside.
The Supreme Court ordered his immediate release unless he is being held on other lawful charges.
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