The Independent Uganda: You get the Truth we Pay the Price
Kampla, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court in Kampala has dismissed an application by city socialite Nasser Nduhukire, popularly known as Don Nasser, in which he sought to nullify his prosecution on allegations of torture and illegal rendition from Kenya to Uganda.
Nasser is facing charges of aggravated trafficking in children and defilement. He had petitioned the court to halt the trial, claiming he was abducted in Nairobi by Ugandan security agents, tortured, and illegally transported to Uganda.
However, in a ruling delivered on Thursday, Justice Dr. Andrew Bashaija, the Head of the International Crimes Division, dismissed the application for lack of merit and ordered Nasser to pay legal costs to the Attorney General. Justice Bashaija ruled that the applicant had failed to prove he was in Kenya at the time of the alleged abduction.
According to official records from the Ministry of Internal Affairs, Nasser last entered Uganda via Entebbe International Airport on October 26, 2023, months before the alleged rendition, which he claimed occurred on September 18, 2024. Although Nasser alleged that he had traveled to Kenya using a national identity card, he failed to provide supporting documentation, such as an interstate pass or border clearance records.
The judge emphasized that under Section 101 of the Evidence Act, the burden of proof lay with the applicant, which he failed to discharge. Nasser had asked the court to declare that his right to personal liberty was violated and that the charges against him were unconstitutional. He sought compensation and various declarations, holding the Attorney General vicariously liable for the actions of the Uganda Police.
In affidavits submitted to court, Nasser alleged that on the night of September 18, 2024, he was abducted from Staroot Apartments in Nairobi by armed men in civilian clothing. He claimed he was blindfolded, detained in a metal container, tortured—including genital torture—and later transported through the Malaba border into Uganda without legal procedure.
He further alleged that he was held at various police stations, including Kira Road, before being arraigned at Buganda Road Chief Magistrates Court on September 23, 2024. The Attorney General, represented by Chief State Attorney Joseph Kyomuhendo and Detective Police Constable Ruth Tumwikirize, denied all allegations. They asserted that Nasser was arrested on Ugandan soil, in Malaba, and not subjected to any torture.
They also noted that Nasser had never raised any complaints about torture in court and that medical examinations found him mentally sound and physically unharmed. Justice Bashaija ruled that without evidence of Nasser’s presence in Kenya at the material time, the claims of illegal rendition could not stand. “The applicant alleges that he traveled to Kenya using his national ID card. However, he does not proffer any proof of his allegation. He ought to have adduced evidence such as an interstate pass from the border he claims to have crossed. The applicant has failed to discharge the burden placed on him under Section 101 of the Evidence Act,” the judge ruled.
Justice Bashaija further held that Nasser’s circumstances do not fall within the scope of Section 1(c) of the Extradition Act, meaning that even the issues of extradition or rendition do not arise in this case. “The application has no merit, and the applicant is not entitled to any of the orders sought,” the judge concluded. Nasser remains on trial in Criminal Case No. 979 of 2024 before the International Crimes Division. Immigration records presented in court show that Nasser last entered Uganda from Nairobi via Entebbe International Airport on October 26, 2023.
A letter from the Ministry of Internal Affairs addressed to the Divisional CID Officer and attached to the affidavit of D/PC Tumwikirize confirmed this travel, undermining Nasser’s claim of being abroad at the time of the alleged abduction in September 2024. Justice Bashaija noted that if Nasser was outside Uganda after October 2023, it would have been an undocumented stay, which further discredits the rendition claim.
The prosecution alleges that Nasser and a co-accused, Promise Ateete—both currently out on bail—committed a series of offenses between May 3 and May 27, 2024. The crimes are said to have occurred in various locations, including Acacia Avenue, Tagore Living Apartments on Kayunga Road in Kampala, and Kito Zone in Kira Municipality, Wakiso District.
According to prosecutors, Nasser and Ateete recruited, transported, and harboured a 16-year-old girl using fraudulent means, abuse of power, and by exploiting her vulnerability with the intent of sexually exploiting her. The prosecution further alleges that Nasser defiled the girl and on some occasions used narcotics like cocaine to coerce her into sexual acts. The case continues before the International Crimes Division.
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