KINTU EDGAR M22B11/ 046 A94747
17th October 2022.
Zakaria is a philanthropist in kagugube Kampala. He is commonly known as a Zakayo
by his peers. Whenever Zakayo meets up with his friends at Mama Nalongo he buys several
rounds of mukomboti for his peers. Zakaria has been called very generous with his
community as he supports all child care ministries in Kivuulu. Nesta a UCU LLB1 intern
with the Director of Public Prosecutions has been handed a file by her Supervisor to identify
the probable offences and four offences they can successfully prosecute. The Supervisor also
would like to know which courts can prosecute the accused person.
Nesta opens the files and finds the following set of facts.
Zakaria for the past twelve months has been going to the Ministry of disaster
preparedness and refugees(Ministry) to sign for UGX 12,000,000( Uganda Shillings Twelve
Million) every month meant for relief funds for children living with HIV in Mubende.
Zakaria works as a janitor at the Ministry. Zakaria got access to the money because he made
people believe he was Zeus his identical twin brother who is the finance manager of the
Ministry and the Officer in charge of relief funds for children living with HIV in Mubende.
Zakaria at the Ministry was also voted as the representative of the Janitors in the Ministry of
Disaster Preparedness Workers’ SACCO because of his populace. This SACCO started out of
the free will of employees of the Ministry to improve their livelihood. He usually collects
monthly subscriptions amounting to UGX 100,000 (Uganda Shillings One Hundred
Thousand) from fellow janitors which he submits over to the SACCO MANAGEMENT. In
September Zakaria collected the One hundred thousand shillings from his fellow janitors. He
did not submit the money to management since it was a Friday and most of the management
team had set off for Nyege nyege. He decided to descend onto Jinja to attend Nyege nyege so
that he could give the treasurer the money he had collected. Upon his arrival, he met his old
boys who he decided to hang out with through the night. He spent all the money he had on
him including the contributions he had come to deliver to the treasurer. Zakayo did not worry
because he knew he would get money mid-month and repay the money he had spent. The
Audit report released on 30th September 2022 by the SACCO Auditor, revealed the Janitors
had not made their monthly subscriptions of the month ending September 2022. Zakaria’s
love for nature has increased his river shore experiences at nyege nyege so he decided to
travel and tour often. On the 5th October 2022, Zakaria moved to Entebbe zoo to see the
famous Zakayo Monkey. This monkey is a Mandrillus sphinx breed. It is only found in
Uganda in the whole world. Zakaria could not keep his eyes off the brightly coloured drills
of hair on the monkey. So when the guards had left he picked a stone and hit Zakayo the
monkey which died on the spot due to blunt force trauma on the head. He sheared off the fur
off the monkey and kept it in his brown bag which he later took out while leaving the zoo as a
souvenir. In trying to examine the video surveillance the Zoo management were able to see
Zakaria leave with a brown bag. He was the only visitor at the time who was visiting the
monkey section. Zakaria left while on tension and drove so fast so that he could reach home.
In the monthly traffic police camera checks, they realized that Vehicle number UBM 456K
registered to Zakaria on the 5th October 2022 was moving through kajjansi at a speed of
160KM/Hr in a speed zone of 70Km/Hr. The cameras further revealed he was talking on
phone while driving. Zakaria has been arrested by police and the filed sent to the State
Prosecutor for sanctioning. Nesta has approached you seeking help with her supervisor’s
assignment.
FACTS
Zakaria also known as Zakayo by his peers is a janitor at the Ministry of disaster
preparedness and refugees. For a year now he has been signing for UGX 12,000,000
(Uganda Shillings Twelve million) every month meant for relief funds for children living
with HIV in Mubende.He has been able to do this by impersonating his twin brother, Zeus,
who is in charge of relief funds for children living with HIV in Mubende. Zakaria is also the
representative of the janitors in the Ministry of Disaster Preparedness Worker’s SACCO. He
usually collects monthly subscriptions amounting to 100,000 (Uganda Shillings One hundred
Thousand) from his fellow janitors which he is supposed to submit to the SACCO
Management. In September, Zakaria collected the One hundred thousand Shillings from his
fellow janitors. He did not submit money to the management since it was a Friday. This is
due to the fact that most of the management had set off for Nyege nyege so he also decided to
go to Jinja to attend Nyege nyege so that he could give the treasurer the money he had
collected. On his arrival, he met with his old boys and he end up spending all the money from
the contributions which he had come to give to the treasurer. The Audit report released on
30th September ,2022 by the SACCO Auditor, revealed that the janitors had not made their
monthly subscriptions of the month ending September 2022. On the 5th October 2022,he
moved to Entebbe zoo to see the famous Zakayo monkey only found in Uganda. He could
keep his eyes off the brightly coloured drills of hair on the monkey.He picked a stone and hit
it when the guards had left.The monkey died.He cut off the fur from the monkey and kept it
in his brown bag which he later took out while leaving the zoo as a souvenir. After examining
the video surveillance the Zoo management were able to see Zakaria leave with a brown bag.
He was the only visitor at the time who was visiting the monkey section. He left in a hurry in
that in the monthly traffic police camera checks, they realized that Vehicle number UBM
456K registered to Zakaria on the 5th of October was moving through Kajjansi at a speed of
160KM/ Hr in a zone of 70Km/Hr. The cameras further revealed he was talking on phone
while driving.
ISSUES
1.
Whether Zakayo is liable for impersonating his twin, Zeus.
2.
Whether Zakayo is liable for theft of the twelve million Uganda
Shillings.
3.
Whether Zakayo is liable for embezzling the 100,000 Uganda Shillings
for the SACCO.
4.
Whether Zakayo is liable for causing financial loss when he uses the
100,000 Uganda Shillings for the SACCO.
5.
Whether Zakayo is liable for killing and cut off the hair of the monkey.
6.
Whether Zakayo is liable for driving beyond the speed limit while
talking on phone.
LAW APPLICABLE

The 1995 Constitution of the Republic of Uganda as
amended.

The Penal Code Act Cap 120

The Anti-Corruption Act 2009

The Wildlife Act 2019

The Roads Act, 2019

The Traffic and Road Safety Act,1998
RESOLUTIONS
Issue 1;Whether Zakayo is liable for impersonating his twin
,Zeus.
Zakayo is liable for impersonating his twin, Zeus under section 16 and
17 of the Anti-Corruption Act 2009.Section 16 of the Anti-Corruption Act
,False Assumption of Authority, paragraph (c) which states that anyone who
“represents himself or herself to be a person authorised by law to sign a
document testifying to the contents of any register or record kept by lawful
authority, or testifying to any fact or event, and signs such document as being
authorised, when he or she is not, and knows that he or she is
not,authorised,commits an offence and is liable on conviction to a term of
imprisonment not exceeding three years or a fine not exceeding seventy two
currency points or both”.Section 171, Personating Public Officers which states
that anyone who personates a public official on occasion to act or to attend any
1
The Anti-Corruption Act 2009.
place by virtue of his position is liable for term of imprisonment not exceeding
three years or a fine not exceeding seventy two currency points or both. This
means that Zakayo is liable for his crime of impersonating his twin brother,
Zeus so that he could acquire the twelve million Uganda Shillings monthly for
a year meant for relief funds for children living with HIV in Mubende like
the case of Natukwatsa John Katebarirwe vs Uganda 2where the appellant was
charged with the offence of obtaining money by false pretence contrary to
section 305 of the Penal code act. The prosecution in this case of Zakayo has
to prove that the accused must have known to be false. This means that the
burden of proof is on the prosecution as established by the case of
Woolmington vs DPP 3by the House of Lords. Section 3054 is about obtaining
goods by false pretence and it states that “Any person who by any false
pretence, and with intent to defraud, obtains from any other person anything
capable of being stolen, or induces any other person to deliver to any person
anything capable of being stolen, commits a felony and is liable to
imprisonment for five years.”
Issue 2; Whether Zakayo is liable for theft of the twelve million
Uganda Shillings.
Zakayo is liable for theft under section 254 which defines theft as
when a person “fraudulently without claim of right takes anything capable of
being stolen, or fraudulently converts to the use of any person other than the
general or special owner thereof anything capable of being stolen, is said to
steal that thing.” This means that Zakayo is liable for theft due to fact that the
money was capable of being stolen and also because he converted the use of
the money to a use other than for the rightful owners which were the children
living with HIV in Mubende.
Issue 3; Whether Zakayo is liable for embezzling the 100,000 Uganda
Shillings from the SACCO.
Zakayo is liable for embezzling the 100,000 Uganda Shillings for the SACCO
under section 19 of the Anti-Corruption Act which defines Embezzlement as anyone
2
Criminal Appeal No. 39 of 2016
[1935]AC 462
4
The Penal Code Act
3
by virtue of their position steals money or valuable security for his own benefit when
the money belongs to an organisation is liable on conviction to a term of
imprisonment not exceeding fourteen years or a fine not exceeding three hundred and
thirty six currency points or both . This proves to us that Zakayo is liable for
embezzling the 100,000 Uganda Shillings from the SACCO because he meets all the
ingredients like using the money to his own benefit and also due to the fact he was
able to do this by virtue of his position like in the case of Uganda vs Geoffrey
Kazinda5 where the accused also used his position as a senior accountant to embezzle
money. In the case of Uganda vs Remo6 Levy Samson the ingredients of
embezzlement were described like; theft of money and that the accused had access by
virtue of his office.
Issue 4; Whether Zakayo is liable for causing financial loss when he uses the
100,000 Uganda Shillings for the SACCO.
Zakayo is liable for financial loss when his failure to give the money to the treasurer
of the SACCO causes a financial loss to the public body .This is evidence by the Audit report
released on 30th September ,2022 by the SACCO Auditor, that revealed that the janitors had
not made their monthly subscriptions of the month ending September 2022. This contrary to
section 20 of the Anti-Corruption Act 2009 .The money collected was to improve the
livelihood of his fellow janitors.
Issue 5; Whether Zakayo is liable for killing and cutting off the hair of the
monkey.
He is liable for killing and cutting off the hair of the monkey under section 29
of the Wildlife Act 2019 paragraph (a) which states anyone who kills,injures or
disturbs any wild plant, wild animal or domestic animal commits an offence. This
proves to us that Zakayo is liable for his act of killing and cutting off the hair of the
monkey. Section 70 7 prescribes the punishment for a first time offender to a fine not
exceeding three hundred and fifty currency points or to a term of imprisonment not
exceeding ten years or both .Zakayo is liable for killing and cutting off the hair of the
monkey due to the fact that after examining the video surveillance the Zoo
management were able to see Zakaria leave with a brown bag. He was also the only
5
Anti Corruption Division Session Case No. HCT-AC/CO NO.004/2016
Anti- Corruption Division Kampala CR.SC.NO.14/2013
7
The Wildlife Act 2019
6
visitor at the time who was visiting the monkey section. This is backed up by section
1018 that says that he or she who asserts must prove those facts exist. The video
surveillance can prove that he indeed committed the offence.
Issue 6; Whether Zakayo is liable for driving beyond the speed limit while
talking on phone.
Zakayo is liable for driving beyond the speed limit under section 52 of the
Roads Act 2019 subsection 1 states that the Minister may prescribe the speed limit in
respect of all public roads. Subsection 39 states that a person who fails to comply with
a speed limit set under subsection (1) commits an offence and is liable, on conviction,
to a fine not exceeding one hundred sixty eight currency points or imprisonment not
exceeding seven years, or both. He is also liable for talking on phone while driving
because it is contrary to section 108 of the traffic and road safety act 1998 subsection
7 which talks about reckless driving paragraph (f) 10talks about using a hand held
mobile phone while driving.
Conclusion
The Probable offences are;
False Assumption of Authority
1.
Personating Public Officers
2.
Obtaining money by false pretence .
3.
Theft contrary to section 25411
4.
Embezzlement
5.
Causing financial loss contrary to section 20 12
6.
Killing and cutting off the hair of the monkey
7.
Driving beyond the speed limit
8.
Talking on the phone while driving.
Four offences the can successfully prosecute.

Obtaining money by false pretence
contrary to section 305 of the Penal Code Act
8
The Evidence Act
Roads Act 2019
10
Traffic and Road Safety Act 1998
11
The Penal Code Act
12
The Anti-Corruption Act
9

Embezzlement contrary to section 19 of
the Anti-Corruption Act.

Killing and cutting the hair of the
monkey contrary to section 29 of the Wildlife Act

Driving beyond the speed limit contrary
to section 52 of the Roads Act 2019.
Which courts can prosecute.
1. The Anti-Corruption Court
2. The Wildlife Court
3.
The High Court