Written By | Peter Luzinda
Ismail Osena, 36, of Salaama Road in Makindye Division, and Julius Mukisa, 21, appeared before Buganda Road Grade One Magistrate Jalia Basajjabalaba on Tuesday.
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KAMPALA
Two Kampala Capital City Authority (KCCA) enforcement officers have been sent to Luzira Prison over allegations arising from the alleged rape of a first-year university student and obscene WhatsApp messages reportedly sent to her in the days that followed.
Ismail Osena, 36, of Salaama Road in Makindye Division, and Julius Mukisa, 21, appeared before Buganda Road Grade One Magistrate Jalia Basajjabalaba on Tuesday.
Osena is accused of rape, contrary to sections 110 and 111 of the Penal Code Act, while Mukisa faces a separate charge of cyber harassment under Section 25(1) and (2)(a) of the Computer Misuse Act.
The court did not take a plea from Osena after the prosecution presented the rape charge.
Magistrate Basajjabalaba said the offence was capital in nature and could only be tried by the High Court.
“This offence is capital in nature and triable only by the High Court. This court will not take a plea,” the magistrate said.
Mukisa, however, entered a plea and denied the cyber harassment allegation.
“I deny the charge,” he told court.
State prosecutor Diane Hope Masawi asked for both accused persons to be remanded, saying investigations were still ongoing.
“Investigations into this matter are still ongoing. The state prays that both accused persons be remanded,” Ms Masawi said.
The magistrate ordered the two men to remain in custody until October 19, when they will return to court for mention.
Alleged KCCA enforcement encounter
The prosecution told court that the case began on September 22, 2026, when the student was allegedly stopped by KCCA enforcement officers in Kampala.
According to the facts presented by Ms Masawi, the student had allegedly been stopped for walking on grass in an area where KCCA enforcement officers considered such conduct prohibited.
The officers allegedly demanded Shs100,000 from her.
The prosecution said the student was unable to raise the money and was instead ordered to fetch 50 jerrycans of water.
Ms Masawi told court that the student was allegedly not taken to the KCCA detention offices.
Instead, Osena allegedly diverted her to ABC2 New View Guest House in Kampala.
“Instead of taking her to the detention offices, the accused diverted her to a guest house,” Ms Masawi said.
The prosecution alleges that Osena had sexual intercourse with the student at the guest house without her consent.
The state further alleges that naked photographs of the student were taken using a mobile phone.
Those allegations form the basis of the rape charge against Osena.
WhatsApp allegations
The prosecution's case against Mukisa concerns alleged communications with the student after the incident.
Ms Masawi told court that between September 23 and 27, Mukisa allegedly used WhatsApp to send the woman a series of messages.
The messages, requests and proposals allegedly sent to her were described by the prosecution as obscene and indecent.
A telephone number allegedly used in the communication is included in the charge sheet.
Mukisa denied the allegation when the charge was read to him.
Unlike the rape charge, the cyber harassment allegation is within the jurisdiction of the magistrates’ court and can therefore be tried there if the prosecution proceeds with the case.
No evidence yet tested
Tuesday’s proceedings were not a trial and no witnesses were called to give evidence.
The prosecution presented the charges and the facts on which it is relying before asking for more time to complete investigations.
No defence lawyer addressed the court and neither accused person made a bail application.
The student, whose identity has been withheld, was not in court.
There was no statement from the student or her family presented during the proceedings.
The court was also not given information about whether KCCA had suspended the two officers or taken other administrative action against them following the allegations.
Next court appearance
The case will return to Buganda Road Court on October 19 for mention.
The prosecution is expected to provide an update on the investigations and the next steps in the two cases.
Osena’s rape case will ultimately have to be handled by the High Court because a magistrates’ court has no jurisdiction to try a capital offence.
Mukisa’s cyber harassment case may proceed before the magistrates’ court.
For now, the alleged Shs100,000 demand, the order to fetch water, the alleged diversion to the guest house and the taking of photographs are matters contained in the prosecution’s account and remain untested.
Mukisa has denied the cyber harassment charge, while Osena has not entered a plea to the rape charge.
Both men are presumed innocent unless and until the prosecution proves the allegations against them in court.
