The judge also found that the telephone records only established communication between the parties and did not show what they discussed or place Sabiti at the scene of the crime.
The High Court in Kampala has quashed the conviction and four-year prison sentence of a man identified as Sabiti Ahmed, alias Cable, who had been jailed for housebreaking and theft, ruling that the prosecution failed to prove his participation in the offences beyond reasonable doubt.
Justice Gadenya Paul Wolimbwa, in a judgment delivered on October 29, 2026, ordered Sabiti’s immediate release unless he was being lawfully held on another matter.
Sabiti had been convicted by the Kasangati Chief Magistrate’s Court on April 16, 2026, and sentenced to two years’ imprisonment on each count, with the sentences ordered to run consecutively, effectively requiring him to serve four years.
However, the High Court, while allowing his appeal, found that although the prosecution had proved that a house in Kimwanyi, Kira, was broken into and property stolen, it had not established that Sabiti took part in the crime.
The case arose from an incident on March 26, 2024, when occupants of the house discovered that a back window had been broken and property, including mobile phones, stolen.
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Investigators tracked one of the stolen phones, a Tecno Camon 19, to the home of a woman identified as Halima Bukirwa.
The prosecution also relied on telephone records showing frequent communication between Sabiti and a man identified as Huzail. Police officers further told court that Halima had claimed Sabiti removed identifying details from stolen phones.
However, Justice Wolimbwa found that Halima’s account, as relayed by the police officers, amounted to hearsay because she had not given evidence in court that could be tested through cross-examination.
“The evidence may raise suspicion against the appellant. But suspicion, however strong, is not proof,” the judge ruled.
The judge also found that the telephone records only established communication between the parties and did not show what they discussed or place Sabiti at the scene of the crime.
The prosecution’s claim that Sabiti stopped reporting to work after the incident was also faulted for lacking a proper factual foundation.
In his defence, Sabiti denied visiting the house and told court that he was in Mengo/Kisenyi on the day of the incident. He said he had known Huzail for years, had helped him register a SIM card and had discussed a skills-training project with him.
Justice Wolimbwa held that the prosecution had failed to disprove Sabiti’s alibi and faulted the trial magistrate for finding that he had failed to establish it.
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The judge emphasised that an accused person who raises an alibi is not required to prove it; the prosecution must disprove it beyond reasonable doubt.
The court also faulted the trial magistrate for failing to explain Sabiti’s options when he was called upon to defend himself, as required under Section 128(1) of the Magistrates Courts Act. However, the judge found that this omission did not cause a miscarriage of justice because Sabiti, who was represented by a lawyer, gave evidence on oath and fully presented his defence.
In additional guidance to trial courts, Justice Wolimbwa said time spent on remand must be calculated and deducted from the sentence, with the remaining period clearly stated.
He also warned that an accused person must not receive a harsher sentence for pleading not guilty and defending himself.
The judge further noted that sentences for housebreaking and the theft arising from the same incident should ordinarily run concurrently unless the court gives reasons for ordering them to run consecutively.
The convictions were quashed, the sentences set aside, and Sabiti ordered released immediately unless held on another lawful ground.
