Adonia Atuheire | Tayari News
KABALE – The Kabale High Court has acquitted prominent lawyer Valentino Agaba and seven co-accused persons of murder and aggravated robbery charges, bringing to an end a case that had kept them on remand for over two years.
The ruling, delivered on Tuesday, March 31, 2026, by Karoli Lwanga Ssemogerere, found that the prosecution had failed to establish a prima facie case against the accused. A “prima facie” case means “based on the first impression; accepted as correct until proved otherwise.”
Agaba, 42, a lawyer with Tuhimbise Company and Co. Advocates KLA and a resident of Hamutora Village in Katojo-Butare town council, Rubanda District, had been jointly charged with others over the alleged murder of Callist Sunday, a primary school teacher from Nyakarembe Village in Kisoro District.
The prosecution alleged that on February 17, 2024, at around 3:00 am, the accused lured the deceased from his home under the pretext of offering medical assistance, before murdering him and stealing his mobile phone.
However, the court ruled that the evidence presented was insufficient to sustain the charges.
While delivering the ruling via Zoom, Justice Ssemogerere stated:
“The prosecution has failed to establish a ‘prima facie’ case against the accused persons. Accordingly, this court finds that they have no case to answer.”
He then ordered the immediate acquittal and release of all the accused.
Speaking shortly after his release, Valentino Agaba expressed relief and said he planned to seek legal redress.
“I have lost valuable time, my reputation has been damaged, and I have suffered financially. I will be filing a civil suit against the state for malicious prosecution.”
Other acquitted individuals, including Ezra Monday and Thomas Arineitwe, also maintained their innocence, describing the ordeal as unjust.
“We were falsely accused. Our families have suffered greatly, and our children dropped out of school during our time in prison,” they said.
They added that they are considering legal action against both the government and complainants.
“We shall seek justice through the courts so that we can be compensated for the damage caused to our lives.”
Defence lawyer Nabasa Rodgers criticised the prosecution’s handling of the case, arguing that there was no credible evidence presented in court.
“None of the accused persons was put on their defence. This clearly shows that the prosecution failed to bring any credible evidence before court.”
He further alleged that “All the evidence that was tendered in this case was forged.”
The other acquitted suspects include Gerald Bagyenyi, Enock Mugabe, and Junior Asasira, all residents of Bukimbiri Sub-county in Kisoro District.