Supreme court acquits landlord convicted of raping tenant’s maid

The Supreme court has acquitted Moses Kabareebe, a landlord who had been serving a 10-year sentence for allegedly raping the maid of one of his tenants in Kyebando, a suburb of Kampala.

A panel of five justices; Percy Night Tuhaise, Stephen Musota, Christopher Izama Madrama, Catherine Bamugemereire, and Monica Mugenyi, unanimously overturned the conviction, citing major inconsistencies in the prosecution’s case that raised serious doubts about the alleged non-consensual nature of the sexual encounter.

Kabareebe was convicted by the High court in 2021 and had already served five years in Luzira prison before the Supreme court ordered his immediate release. At the centre of the acquittal was conflicting testimony from the complainant.

Initially, the maid testified that she had never had sexual intercourse with any man other than Kabareebe and denied having any children. However, during cross-examination in December 2020, she admitted to having a five-month-old baby, suggesting conception took place two months prior to the alleged rape.

A subsequent DNA test revealed that Kabareebe was not the biological father of the child. The court noted that the inconsistency, coupled with the complainant’s claim that Kabareebe had urged her to hide the existence of the baby, undermined the credibility of her entire testimony.

The justices also pointed to continued communication between the maid and Kabareebe even after his arrest. Records indicated that Kabareebe had allegedly asked her not to abort the pregnancy, behaviour the court found inconsistent with that of a rape victim.

“This behaviour is inconsistent with that of a rape victim and raises serious doubt about whether the sexual encounter was truly non-consensual,” the ruling reads in part.

The court further criticised the police for failing to reconstruct the crime scene, and flagged procedural irregularities in the trial, particularly the improper admission of the medical report, which the court said violated Kabareebe’s right to a fair hearing.

Prosecution claims that Kabareebe had used a firearm to threaten the maid were also dismissed. The court found that no gun was ever recovered and that Kabareebe had formally surrendered his licensed firearm to the Chieftaincy of Military Intelligence (CMI) before the alleged incident.

The justices concluded that the inconsistencies in the complainant’s account — some of which they described as possible “deliberate falsehoods” were substantial enough to discredit the prosecution’s case.

They reiterated the principle that in criminal law, where reasonable doubt exists, the benefit must go to the accused. Kabareebe’s conviction and sentence, which had earlier been upheld by the Court of Appeal justices Richard Buteera (then deputy chief justice), Elizabeth Musoke, and Cheborion Barishaki, were accordingly set aside.

The Supreme court ordered Kabareebe’s immediate release, unless he is being held on other lawful grounds.