The former Uganda Cranes Manager, Christopher Mubiru Kisingiri has been convicted of sodomy.
By Melanie Nathan, September 08, 2015.
The Court in Kampala, Uganda, has convicted former Uganda Cranes Manager, Christopher Mubiru Kisingiri, of sodomy. Mubiru, also the former Sports Club Villa manager, could be sentenced up to 18 years in prison.
The Magistrate, Flavia Nabakooza, found Mubiru guilty of having carnal knowledge, committing an act against order of nature, with Emmanuel Nyanzi, aged 18, contrary to Section 145(a) of the Penal Code Act.
The magistrate ruled that the prosecution had proved its case beyond reasonable doubt.
This is an excerpt from the Ugandan press, reporting on the Case:
“Mr Justus Ocom attached to the government analytical laboratory explained that dermatological creams brought to him are used by homosexuals to ease anal penetration while the pain killers are used to reduce the pain associated with anal sexual intercourse. He said sex offenders use the chloroform to induce their victims to sleep in case they resist sexual intercourse.
The Court was told that Nyanzi was drugged by Mubiru before he was sodomised.
Mubiru was however acquitted on a second count of sodomy on grounds that his other victim, George Oundo consented to the act.
Court heard that in December 2009, while at Mengo Kisingiri LCI, a Kampala suburb, Mubiru had sexual relations with Nyanzi and others against the order of nature, an offence contrary to section 145(a) of penal code act.
Mubiru was arrested on December 15, 2009 after returning from abroad and then going into hiding. He was detained at Katwe police station for interrogation before he was charged at Buganda Road court.
He could receive up to 18 years in prison.
The magistrate also cancelled Mubiru’s bail and remanded him to Luzira before she adjourned the case to September 18 for sentencing.
Where is the interest here? What reaction from your readers are you looking for? I expect that homosexual RAPE is an offence there in the First World, and that nobody is ever convicted of consensual, same-sex acts.
“The Court was told that Nyanzi was drugged by Mubiru before he was sodomised.
“Mubiru was however acquitted on a second count of sodomy on grounds that his other victim, George Oundo consented to the act.2
So, the accused has been convicted of RAPE, but acquitted of the consensual sodomy.
I agree that the local newspaper has erred in referring to Oundo as a victim, when it should have been “partner”. Is that your reason for posting this article? Bear in mind that perfect Engrish is not always found in the African media.
There is plenty interest. I did not analyze the case – just reported it – so people can self analyze. And many will be interested to do that. That is why I quoted the Ugandan media DIRECTLY and did not use my own words – to show people the bias against gays there. I am not going to call George a “partner” if he himself has not told me that and given me permission to print such. By doing that surely I would be incriminating George under the indictment of the Ugandan anti-gay forces – which is at least 80% of the populace if one were to base that on MP representation and how they support AHA. Why would I do that?
I am reporting this matter because in my opinion people around the world should know what is going on in Uganda with targeting gays or people perceived as gay. In my opinion there should be NO penal code NOR ANY law that criminalizes homosexuality or what people do in privacy.
However if someone is drugged and does not consent then rape laws should cover that and there is no need for Penal Code or Anti-Homosexuality laws. Rape is rape! Did that really happen here? The judge seemed to think so beyond reasonable doubt. So i presume the evidence was there. I do not condone RAPE. I do however condone homosexual love. They are separate issues.
It is interesting for me to see that they failed to convict Chris Mubiru on the second count- which means that the Penal Code was not used to convict in instance of “consent” – yet it could have still been used to convict in cases of consent. By not convicting him when there was apparently “consent” could be confusing because it shows that the elements of proof under the penal Code in consent cases are stringent enough to maybe warrant (not in my mind – but in the mind of anti-gay people of Uganda) more stringent anti-Homosexuality legislation. I did not call George a Victim – but Ugandan press did. I am quoting!
All said and done my reason for posting the article as you can see is so that people know what is going on and interestingly the penal Code seems not to have been used for alleged sodomy in consent case which could have implications for the future of new Anti-Homosexuality legislation – of politicians decide to use this case as a reason to try to bring more stringent laws. Hopefully people can pick up from the article enough to make their own assessments without me weighing in too heavily. But you pushed my hand here…. so tere you have it!
I agree that there needs to be no special “penal code” under which to bring a person to trial for rape.
I also see no mention of “proof” of rape, ie a sperm sample, DNA testing, etc…What I DO see is hysteria surrounding what would amount to generic creams & other drugs which offer (non-sexual) uses. I also see a boatload of anti-gay assertion with regards to:
“…dermatological creams…are used by homosexuals to ease anal penetration while the pain killers are used to reduce the pain associated with anal sexual intercourse. ”
My, my…I know a lot of gay men & I’ve never heard anything about this? So, I asked a close friend & he says he uses, gasp, “plain lube”. Oh, and that there’s no pain, either- something that many anal-sex practicing, heterosexual couples would also attest to.
I wonder what the intended reaction from the crowd (court/judge) was- with that erroneous bit of non-information from the “government analytical laboratory”, hmm? Maybe a little false “scary-gay-stuff” from a “important sounding place” would “seal the deal” and help get the guy busted on circumstantial evidence??
Regardless, I see no evidence in this story beyond hearsay & conjecture. Even an accusation from a supposed victim would not qualify as evidence without witness.
“…dermatological creams…are used by homosexuals to ease anal penetration while the pain killers are used to reduce the pain associated with anal sexual intercourse. ” typical way of engendering further anti lGBT sentiment by press..
Reblogged this on Daily Queer News.