Ruling in Babu Seya`s case postponed

Court of Appeal yesterday adjourned the highly anticipated ruling of ‘Babu Seya and his son for a future date yet to be set. 

The two Congolese musicians Nguza Viking, alias Babu Seya and his son, Johnson Nguza, alias Papii Kocha, were  sentenced to life imprisonment for raping minors but their defence advocate, Mabere Marando is requesting the Court of Appeal to set them free because ‘evidences produced in court was erred in law.’ 

Making his submission yesterday at the Court of Appeal before a panel of three judges led by Nathalia Kimaro, Mbarouk Mbarouk and Salum Massati, Marando claimed that some of the prosecution witnesses did observe the provision of the law to receive the evidence of the children and requested the court to throw away the evidence and to set the convicts free.

He claimed that in a statement given by lower court magistrates which convicted the accused, one of the witnesses testified that there was another door in the house of the convicts which can be used by any person without being seen which is not true.

Also, the statement claimed that most of the children were brought by a shopkeeper identified by the single name, Mangi but the prosecution didn’t call him to testify and according to him that is another sign of a liar.

Marando continued to say the witnesses had also mentioned a person named Zize who was also supposedly taking children to the accused house but the prosecution again didn’t call her to testify.

The prosecution side led by Principal State Attorney, Jackson Mdaki claimed that the application filed by the defence has no Locus stand because the section specified is used to open civil matters and not criminal cases. 

Court records show that the applicants and the two freed Babu Seya sons were arraigned at the Kisutu Court in 2003 charged with ten counts of raping minors.

The four were convicted of the offences on June 25, 2004 and sentenced to life imprisonment and each ordered to pay 2m/- compensation to every victim.

They appealed to the High Court, but the appeal was dismissed on January 12, 2005 by Judge Thomas Mihayo, as he then was. Still dissatisfied, the four petitioned the Court of Appeal which delivered its judgment on February 11, 2010, acquitting Nguza Mbangu and Francis Nguza.

SOURCE: THE GUARDIAN