Court heard that between 2016 and 2023, the girl was maintained at Muwonge’s home in Nsubi Zone, Nansana, where he lived with his wife and daughter.
The International Crimes Division of the High Court in Kampala has convicted Sheikh Umaru Muwonge of aggravated trafficking in children and sentenced him to two years, three months and 22 days, equivalent to the period he had already spent on remand.
Lady Justice Alice Komuhangi Khauka convicted Muwonge on Monday after finding that the prosecution had presented sufficient evidence to prove that he transported and harboured his 13-year-old niece while exercising control over her and exploiting her vulnerability.
The case arose from allegations that Muwonge, the girl’s paternal uncle, took her from her parents’ home and assumed responsibility for her education before allegedly making sexual advances towards her and using the financial support he provided as a means of controlling her.
Court heard that between 2016 and 2023, the girl was maintained at Muwonge’s home in Nsubi Zone, Nansana, where he lived with his wife and daughter.
Muwonge initially took the girl from her parents because she was around the same age as his daughter and started paying her school fees.
Prosecution told court that in 2018, Muwonge was imprisoned after he was allegedly charged with rape. Upon his return, he took the girl to live with another uncle, promising to collect her later but never returned for her.
Her mother subsequently picked her up and began living with her in a rented room in Kyebando, Nansana.
Prosecution said Muwonge returned for the girl in 2021 and took her back to live with him before enrolling her at Victoria Education Services, a boarding school where his daughter was also studying.
Justice Khauka said the evidence established that Muwonge had transported and maintained the girl.
Court further heard that in 2022, when the girl was in Primary Six, she woke up during the night to use the bathroom and Muwonge allegedly came out of his bedroom and touched her breasts.
The girl testified that she became frightened because she regarded Muwonge as a father figure, having taken responsibility for her education and provided what she described as a happy life.
According to her testimony, Muwonge subsequently made sexual demands and told her that it was time for her to repay the money he had spent on her education. She said he reminded her that her biological parents were unable to afford her school fees.
Prosecution said Muwonge eventually stopped paying her school fees during the second term of Primary Seven.
Court heard that a parent at the school noticed that the girl was no longer attending classes and asked her about her absence. The parent later offered to pay her school fees after speaking to her father, and evidence of the payment was produced in court.
School records showed that the girl had an outstanding balance of sh1.38m.
Irene Byanjeru, a school chaplain and prosecution witness, told court that the girl approached her when pupils with outstanding school fees were being sent home.
Byanjeru testified that the girl pleaded with her not to send her home because she was not safe, alleging that her father figure was making sexual advances towards her.
The chaplain said that after the Primary Leaving Examinations, she failed to follow up the matter and the girl was eventually sent home.
Court heard that on November 16, 2023, the girl called Byanjeru asking her to rescue her, alleging that Muwonge had threatened to enter her bedroom and have sexual intercourse with her.
Byanjeru told court that she went to the girl’s home at about 8:00pm together with detectives from Nansana Police Station and rescued her.
In his defence, Muwonge denied the allegations, saying the accusations arose after the girl disagreed with his strict parenting style, particularly after he refused to allow her to go and stay with her friends.
Judge finds elements of trafficking proved
Justice Khauka said the prosecution was required to establish that the victim was below 18 years, that she had been transported or harboured for purposes of exploitation and that the offence had been committed through means including deception or abuse of power.
The court found that the victim was 13 years old and that Muwonge had taken her from her parents, maintained her in his household and later enrolled her in a boarding school.
The judge questioned why Muwonge, if he had initially taken the girl from her parents to assist her, did not return her to them when financial difficulties arose.
She also questioned why restrictions had allegedly been placed on the girl’s mother from accessing her daughter, saying the circumstances demonstrated that Muwonge had exercised control over the girl.
The court further found that the girl was vulnerable because her parents could not afford her school fees and that Muwonge, as her paternal uncle and education provider, had power over her.
Justice Khauka also found that intimidation had been used against the girl.
“I find the accused guilty of aggravated trafficking in children,” the judge ruled.
Prosecution seeks life imprisonment
Following the conviction, State Attorney George Bigira asked the court to sentence Muwonge to life imprisonment, describing the offence as grave and saying it occurred in a domestic setting where the convict had control over the victim.
Prosecution further argued that other girls could be experiencing similar circumstances but may lack the opportunity or confidence to report because they fear losing the support on which they depend.
The State asked court to impose a deterrent sentence to protect children.
Defence lawyer Samuel Ejok, however, asked the court for leniency, arguing that Muwonge had cared for the girl for about seven years and paid her school fees.
The defence said Muwonge was remorseful and still regarded the girl as his daughter, adding that he wanted to continue supporting her education so that she could eventually become a family lawyer.
The defence further told court that Muwonge was a family man with a son and daughter and had lost his income and standing in society as a result of the case.
It asked the court to sentence him to the period he had already spent on remand.
Court imposes time already served
In her sentencing remarks, Justice Khauka sentenced Muwonge to two years, three months and 22 days, effectively covering the period he had already spent on remand.
The judge said the period Muwonge had spent in custody was sufficient for him to
