Don Nasser fails to halt child trafficking, defilement trial

City socialite Nasser Nduhukire, alias Don Nasser, has lost a bid to halt his trial for aggravated child trafficking and defilement after the court dismissed his claims of torture and illegal rendition from Kenya.

The prosecution alleges that Nasser and a co-accused, Promise Ateete, both currently out on bail, committed a series of offences between May 3 and May 27, 2024.

According to prosecutors, Nasser and Ateete recruited, transported, and harboured a 16-year-old girl using fraudulent means, abuse of power, and by exploiting her vulnerability with the intent of sexually exploiting her.

The prosecution further alleges that Nasser defiled the girl and, on some occasions, used narcotics like cocaine to coerce her into sexual acts. The case continues before the International Crimes Division.

The crimes are said to have occurred in various locations, including Acacia Avenue, Tagore Living Apartments on Kayunga Road in Kampala, and Kito Zone in Kira Municipality, Wakiso district.

Nasser had alleged he was abducted in Nairobi on September 18, 2024, by Ugandan security agents, tortured, including genital abuse, and illegally transported to Uganda. However, Justice Bashaija ruled that Nasser failed to prove he was in Kenya at the time. Immigration records showed he last entered Uganda via Entebbe Airport on October 26, 2023, months before the alleged abduction.

Justice Dr Andrew Bashaija, head of the International Crimes Division (ICD) of the High court in Kampala, dismissed Nasser’s application for lack of merit and ordered him to pay legal costs to the Attorney General.

Nasser had petitioned the court to halt the trial, claiming he was abducted in Nairobi by Ugandan security agents, tortured, and illegally transported to Uganda. However, in a ruling delivered on Thursday, Justice Bashaija ruled that the applicant had failed to prove he was in Kenya at the time of the alleged abduction.

According to official records from the ministry of Internal Affairs, Nasser last entered Uganda via Entebbe International Airport on October 26, 2023, months before the alleged rendition, which he claimed occurred on September 18, 2024. Although Nasser alleged that he had travelled to Kenya using a national identity card, he failed to provide supporting documentation, such as an interstate pass or border clearance records.

The judge emphasized that under Section 101 of the Evidence Act, the burden of proof lay with the applicant, which he failed to discharge. Nasser had asked the court to declare that his right to personal liberty was violated and that the charges against him were unconstitutional.

He sought compensation and various declarations, holding the Attorney General vicariously liable for the actions of the Uganda Police. In affidavits submitted to court, Nasser alleged that on the night of September 18, 2024, he was abducted from Staroot Apartments in Nairobi by armed men in civilian clothing.

He claimed he was blindfolded, detained in a metal container, tortured including genital torture and later transported through the Malaba border into Uganda without legal procedure. He further alleged that he was held at various police stations, including Kira Road, before being arraigned at Buganda Road Chief Magistrate’s court on September 23, 2024.

The Attorney General, represented by chief state attorney Joseph Kyomuhendo and detective police constable Ruth Tumwikirize, denied all allegations. They asserted that Nasser was arrested on Ugandan soil, in Malaba, and not subjected to any torture. They also noted that Nasser had never raised any complaints about torture in court and that medical examinations found him mentally sound and physically unharmed.

Justice Bashaija ruled that without evidence of Nasser’s presence in Kenya at the material time, the claims of illegal rendition could not stand.

“The applicant alleges that he travelled to Kenya using his national ID card. However, he does not proffer any proof of his allegation. He ought to have adduced evidence such as an interstate pass from the border he claims to have crossed. The applicant has failed to discharge the burden placed on him under Section 101 of the Evidence Act,” the judge ruled.

Justice Bashaija further held that Nasser’s circumstances do not fall within the scope of Section 1(c) of the Extradition Act, meaning that even the issues of extradition or rendition do not arise in this case.

“The application has no merit, and the applicant is not entitled to any of the orders sought,” the judge concluded.

A letter from the ministry of Internal Affairs addressed to the Divisional CID officer and attached to the affidavit of D/PC Tumwikirize undermined Nasser’s claim of being abroad at the time of the alleged abduction in September 2024.

Justice Bashaija noted that if Nasser was outside Uganda after October 2023, it would have been an undocumented stay, which further discredits the rendition claim.