Supreme Court Acquits Landlord Convicted of Raping Tenant’s Maid

The Supreme Court in Kampala has acquitted Moses Kabareebe, a landlord who had been serving a 10-year prison sentence for allegedly raping the maid of one of his tenants. 

In a unanimous decision, a panel of five Justices—Percy Night Tuhaise, Stephen Musota, Christopher Izama Madrama, Catherine Bamugemereire, and Monica Mugenyi—set Kabareebe free, citing major inconsistencies in the prosecution’s case.

Kabareebe was convicted by the High Court in 2021 for the alleged rape of a housemaid in Kyebando, a suburb of Kampala. He had already served five years in Luzira Prison before the Supreme Court ordered his immediate release. The court found contradictions in the complainant’s testimony, casting doubt on the claim of non-consensual sex. Initially, the maid testified that she had never engaged in sexual activity with any man other than Kabareebe and denied having a child.

However, she later admitted to having a five-month-old baby at the time of testifying in December 2020—meaning conception occurred two months before the alleged rape incident. A DNA test confirmed Kabareebe was not the biological father. The Justices noted this inconsistency, along with claims that Kabareebe had instructed the maid to conceal the child’s existence, raised questions about the nature of their relationship.

The Court also pointed to evidence suggesting continued communication between the complainant and Kabareebe after his arrest, including conversations in which he allegedly urged her not to abort the pregnancy. “This behavior is inconsistent with that of a rape victim and raises serious doubt about whether the sexual encounter was truly non-consensual,” the Justices ruled.

The Supreme Court also faulted the police for failing to reconstruct the crime scene and noted that the medical report used at trial was improperly admitted, infringing on Kabareebe’s right to a fair hearing. Prosecution claims that Kabareebe threatened the maid with a firearm were also dismissed. The court found no gun was recovered and that Kabareebe had officially surrendered his licensed firearm to the Chieftaincy of Military Intelligence (CMI) before the alleged incident.

The Justices concluded that the inconsistencies in the complainant’s evidence—some of which they described as possible deliberate falsehoods—were significant enough to undermine the entire prosecution case. They reiterated that in cases involving reasonable doubt, the benefit must go to the accused. Kabareebe’s conviction and sentence, which had earlier been upheld by the Court of Appeal Justices Richard Buteera (then Deputy Chief Justice), Elizabeth Musoke, and Cheborion Barishaki, were accordingly set aside. The Supreme Court ordered Kabareebe’s immediate release unless he is held on other lawful charges.