The General Court Martial has released 32 Kenyan nationals who were earlier convicted for illegal possession of firearms and ammunition following an appeal.
The 32 had earlier been convicted and sentenced to 20 years in jail by the Division Court Martial in Moroto on April 11, 2023.
The appellants had pleaded guilty on each count and were sentenced to ten (10) years imprisonment on each count, with the sentences to run concurrently.
However, being dissatisfied with the decision of the trial court, the 32 (appellants) through their lawyers (Counsel Taremwa Darius, Soita Jessy, Atukunda Darius and Okuda Ivan), appealed to the General Court Martial Holden at Makindye.
They argued that the trial court erred in law and fact when they failed to follow the procedure for trying child offenders when they failed to accord a fair hearing to the appellants, and when they enhanced the sentences of the appellants to the maximum without considering the mitigating factors thereby passing a harsh sentence, but also not being able to evaluate the evidence properly.
Counsel for the appellants further submitted a copy of the report from the in-charge Uganda Prisons dated 20/11/23 which indicated that some of the appellants were below 18 years of age and it was signed by Dr. Baryejusa of Uganda Prisons.
The minors were indicted as Lojorei Lomeriana, Lokiru Lomukunyu, Lookor Lokwang, Lobuin Ekori Namude, Longatunyio Lokwang, Kokole Moru, Lobuin Teko.
Counsel for the appellants prayed that the court set aside the conviction and sentences of the minors and of the adults, “court sets aside the consecutive sentences to concurrent, reduce from the maximum of 10 years imprisonment to a caution.”
In reply, Counsels for respondent ( Lt Col Raphael Mugisha, Lt Alex Mukhwana, Pte Olupot Phillip and Pte Nanzala Regina), conceded to grounds 1, 2, 3, 5 and 7 of the appellants’ submissions and prayed that the court be pleased to order for a retrial of the appellants.
In a rejoinder, Counsel for the appellants submitted that much as the appellants pleaded guilty, the trial was marred with irregularities and sentences were unconstitutional.
He further submitted that the State had conceded to most of the grounds and raising the issue of a retrial is in bad faith since the appellants have spent one year serving the sentences.
The Counsel prayed that the court be pleased to allow the appeal and acquit the appellants.
In his ruling, the Chairman of the General Court Martial, Brig Gen Freeman Mugabe, set aside the sentence of the trial court.
He noted that there were procedural irregularities that affected the entire trial process even though the appellants pleaded guilty.
He further ruled that the trial court considered all the accused/appellants as adults whereas medical examination reports indicate that seven of the appellants were below 18 years of age.
“In the premises, this court finds merit in the appeal and finds that a retrial of the appellants will cause them an injustice. This court further finds that considering the period of one (01) year and thirteen (13) days the appellants spent in lawful custody/remand and the period they spent serving the illegal sentence, there is no need for a retrial. The appellants are hereby set free unless held on other lawful charges,” noted Brig Gen Mugabe.