High Court Halts Verdict, Demands UCE Results in St. Bernard School Fire Case
The High Court in Masaka has directed the Uganda National Examinations Board (UNEB) to produce the Uganda Certificate of Examination (UCE) results for students accused of setting fire to a dormitory at St. Bernard Secondary School, Manya in Rakai district. The tragic school fire in 2018 led to the deaths of ten students and injuries to others.
On Tuesday, Lady Justice Victoria Nakintu Katamba issued the directive, stating that the UCE results are crucial for determining the ages of the accused students. The directive follows a petition by the parents of the accused, represented by lawyer Samuel Ssekyewa, seeking the dismissal of charges on grounds of rights violations. The parents allege that the minors were detained alongside adults, infringing upon their rights.
Defense lawyer Ssekyewa argued that the government’s actions violated the rights of underage detainees, who were not segregated from adult prisoners. Chief State Attorney Noah Kunya contested this assertion, claiming he was unaware of such violations until recently. Ssekyewa emphasized that the UCE results slip of Henry Taremwa Mmale is pivotal in establishing his age, a crucial detail for the ongoing trial. He suggested that the state deliberately omitted this document, vital for determining the age of the accused.
Judge Nakintu upheld Ssekyewa’s argument, stressing the importance of complete documentation in such serious cases. The High Court had been scheduled to deliver a verdict, but proceedings were halted after these allegations surfaced. Ssekyewa informed the court that he had formally requested St. Bernard Secondary School Manya and UNEB to provide the Primary Leaving Examination (PLE) pass slips and UCE results of the accused students to establish their ages definitively, but the requests had been refused.
The court ordered UNEB and St. Bernard Secondary School Manya to present the UCE results slip by July 19 and file a rejoinder affidavit. Additionally, the UNEB secretary was directed to provide the PLE pass slips for Taremwa, Alex Mugarura, and Kisule Dickson, who took their exams in 2018 and 2014 respectively. The case was adjourned to July 22 for further proceedings.
The four accused students—Henry Talemwa Mmale, Alex Mugalula Junior, Edison Aliyo, and Dickson Kisuule—were reportedly minors at the time of their arrest. Relatives of the accused have expressed concern over the delay and urged the court to expedite the legal process, highlighting the prolonged wait for justice.