The Supreme Court has acquitted Moses Kabareebe, a landlord who was serving a 10-year prison sentence for allegedly raping a maid in Kyebando, a suburb of Kampala. The court ordered his immediate release after finding significant inconsistencies in the prosecution’s case.
A five-judge panel comprising Justices Percy Night Tuhaise, Stephen Musota, Christopher Izama Madrama, Catherine Bamugemereire, and Monica Mugenyi unanimously overturned the conviction, ruling that the evidence failed to prove the sexual encounter was non-consensual.
Kabareebe was convicted in 2021 by the High Court and had served five years in Luzira Prison. His acquittal hinged on contradictory statements from the complainant. While she initially claimed to have had no prior sexual relations and denied having children, she later admitted during cross-examination in December 2020 to having a five-month-old baby—conceived two months before the alleged incident.
DNA tests later confirmed Kabareebe was not the child’s biological father. The Supreme Court noted this discrepancy, alongside the claim that Kabareebe had told the complainant to conceal the baby’s existence, as undermining the credibility of her testimony.
Further weakening the prosecution’s case was evidence of ongoing communication between the two even after Kabareebe’s arrest. The complainant alleged Kabareebe had urged her not to terminate 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 justices observed in their ruling.
The court also criticised the investigation, citing the police’s failure to reconstruct the crime scene and procedural flaws during trial. In particular, the improper admission of a medical report was found to have violated Kabareebe’s right to a fair hearing.
Allegations that Kabareebe had threatened the maid with a firearm were dismissed. The court noted that no gun was recovered and that Kabareebe had surrendered his licensed firearm to the Chieftaincy of Military Intelligence prior to the alleged offence.
Describing some of the complainant’s inconsistencies as possible “deliberate falsehoods,” the court concluded they were serious enough to collapse the prosecution’s case. Emphasising the legal standard of reasonable doubt, the justices ruled that Kabareebe should not have been convicted.
His earlier conviction, which had been upheld by Court of Appeal justices Richard Buteera (then Deputy Chief Justice), Elizabeth Musoke, and Cheborion Barishaki, was accordingly set aside.
The Supreme Court directed Kabareebe’s immediate release unless he is detained on other lawful grounds.
