In a landmark ruling, Masaka High Court Judge Victoria Nakintu Katamba has acquitted one of the four students accused of setting fire to a dormitory at St. Bernard’s SS in Mannya, Rakai District, killing 10 students and injuring 37 others.
Henry Taremwa, who was accused alongside Alex Mugarura Junior, Dickson Kisule, and Edison Niyo, was released due to gross violation of his fundamental rights. Taremwa’s lawyer, Sam Ssekyewa, had filed an application in July seeking acquittal, citing his client’s juvenile status at the time of arrest and prolonged detention in an adult facility.
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According to court records, Taremwa was born on May 23, 2002, as indicated in his affidavit and supported by his baptism card issued on July 29, 2002. This evidence demonstrated that Taremwa was 17 years old at the time of his arrest, classified as a juvenile.
In her ruling delivered via email on October 7, 2024, Justice Nakintu stated that Taremwa’s detention exceeded the maximum sentence a juvenile may serve. She directed that proceedings against him be discontinued under Section 17 of the Judicature Act and Section 11(2) of the Human Rights Enforcement Act, 2019.
“The 1st Applicant, who was a juvenile at the time of his detention, having spent more than five years in an adult prison… it is directed that the proceedings against him are a nullity and discontinued,” Justice Nakintu ordered.
Taremwa’s acquittal was welcomed by his lawyer, Sam Ssekyewa, who described the evidence presented as “overwhelming.” Ssekyewa expressed gratitude to the court for releasing his client, acknowledging that justice had finally been served.
However, the ruling did not extend to the remaining three accused. Justice Nakintu rejected their claims of being denied their rights to be arraigned in court within 48 hours, stating that no evidence supported these allegations.
Mugarura and Kisule were also found not to be juveniles at the time of their arrest in November 2018. Their trial, along with Niyo’s, will continue.
The accused face 48 counts, including 10 counts of murder, 36 counts of attempted murder, one count of arson, and one count of attempted arson. Prosecution alleges that they intentionally set fire to the dormitory on November 11, 2018, resulting in the deaths of 10 students.
Ssekyewa vowed to continue seeking justice for the remaining three accused, studying the ruling to determine the next course of action.
The acquittal of Henry Taremwa brings partial closure to the tragic incident, highlighting concerns about juvenile justice and the protection of human rights in Uganda.
