In April, a one Christopher Okello Oyum was charged with four counts of murder when he was alleged to have killed, with malice aforethought, four infants at the Ggaba Early Childhood Development Centre. He did not deny killing the children but stated that he did not act intentionally or deliberately, as he was suffering from a mental disease that was undetected when he was subjected to a mental health examination. During the trial, Okello stated that he was under the control of some people, whom he did not identify to court. This was the essence of his defence of insanity.
The defence of insanity seeks to do away with an essential requirement of malice aforethought, which is an ingredient of murder that must be proved beyond reasonable doubt. The insanity defence seeks to prove that the accused person did not have the intention to cause death or did not have the knowledge that such an act or omission would cause death. The onus was, therefore, on court to establish whether or not Okello was suffering from the disease of the mind when he killed the four infants, and whether or not he knew what he was doing was wrong by reason of that disease of the mind.
To court, Okello was the only person who testified that he had a mental illness when he killed the children. He did not, however, say the illness he was suffering from apart from the claim that he was under immense stress between January and March. To court, Okello seemed to be withholding information, especially when it came to disclosing the identities of the people who put him under stress. Apart from this claim, in court, there was no other evidence adduced to prove that Okello had a disease of the mind that would have availed him the defence of insanity.
Okello’s lawyers vehemently argued that the prosecution had failed to prove that when the offences were committed, Okello was of sound mind. To court this argument was not legally backed and was misguided, as it was Okello and his lawyers who raised the insanity as a defence and as such, the burden shifted to him in light of the presumption of sanity under the law.
Okello’s lawyers further insisted that there was evidence on record of Okello’s mental illness, and this came from the police psychiatrist, who examined him on April 7. The evidence indicated that Okello had a previous admission to Butabika National Mental Referral Hospital. However, on the day the psychiatrist examined him, Okello had normal behaviour, was calm and cooperative, and his speech was coherent. The doctor noted that his memory was intact and he exhibited good judgment. His thought process and content were normal, although he believed in obtaining wealth through human sacrifice. He was able to explain to the doctor that he got the idea when he recalled childhood folktales of getting wealth by sacrificing people.
The doctor also noted that Okello had a history of past mental illness and that between 2016 and 2025, he was treated for schizophrenia, which was associated with both auditory and visual hallucinations. Okello had apparently killed a younger brother some 10 years earlier, apparently to save him from the troubles of this world. He had also attempted suicide in 2023. To the doctor, the findings were suggestive of a mental condition with psychotic episodes. The doctor recommended that further mental assessment was necessary as there were no independent medical records to back Okello’s narrative; Okello was the sole source of this information.
Court observed that in the records of the psychiatrist, Butabika was not mentioned anywhere. When giving his defence, Okello never mentioned ever being admitted in Butabika. The only witness in the entire trial who made mention of the mental hospital was his elder brother, who testified that in 2020, he was made to understand that Okello was at the mental hospital. He told court that when he inquired why his brother was in Butabika, he was told by the officer-in-charge at the hospital that his brother’s case was very sensitive and declined to provide any further information. He further stated he left without knowing why his brother was admitted.
The prosecution alleged that Okello had murdered his younger half-brother called Freeman, and to escape criminal culpability, he was taken to the mental hospital to make it appear that the killing had been a result of a mental illness. It was from here that Okello was whisked to the US, where he stayed until 2025 when he returned to Uganda. Court found this argument persuasive and a likely explanation for concealing Okello’s illness from his brother. And to the court, there was no reason or justification as to why Okello did not mention his admission to Butabika to the police doctor or to any other person.
Okello’s elder brother told court that although they were siblings, they did not relate closely, and that he had not seen Okello in the past five years, but only saw him upon his arrest at the police station. He, further, did not confirm to the court that Okello had a known mental illness. In the absence of any medical records to show that Okello truly had a mental illness, court expected at least a family member of Okello to speak about his mental illness.