Why Uganda army court freed 32 Kenyans jailed over arms

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KAMPALA - The General Court Martial (GCM) at Makindye in Kampala has set aside a 20-year jail sentence that was accorded to 32 Kenyans.

They are Erot Eusugu, Akol Akiru, Teko Lobuin, Lowoton Iwar, Ebariat Namuya, Emoru Kokoi, Lokwang Lokorinyang, Lakwang Longatunyio, Lobuin Ekori Namode, Lokwang Lookor, Meriokeol Erukudi, Lokiru Lomukunyu, Lokia Akiru Esekoni, Lorot Ekaru, Eroo Namode, and Kiyonga L. Loitakol.

Others are Ewoi E. Atukon, Lore Etutan, Etabo M. Epuri, Losuban Emuria, Achong Loochol, Loyenai Lomuria, Ebei Ikaru, Lokwawi Ekoriongor, Apuli Namuya, Akure Ekawoton, Moru Ichowa, Ekipetite Eedung, Apa Ngorok Logorion, Lokwang Lokolitieng, Lokwam Munyes and Lojorei Lomeriana.

The 3rd Division Court Martial (3DCM) at Moroto convicted and sentenced the group on April 11, 2023, after finding them guilty on three counts of illegal possession of firearms and ammunition.

The charges contravene Sections 3 (1) and 2 (a) of the Firearms Act, Cap 299, and attract a maximum ten-year jail, upon conviction.

However, through their lawyers, Darius Taremwa, Jessy Soita, Darius Atukunda, and Ivan Okuda, the group appealed the sentence before the GCM.

In one of their grounds of appeal, the appellants accused the lower trial court of having erred in law and fact when they failed to follow the procedure for trying child offenders.

The 3rd Division Court Martial (3DCM) at Moroto convicted and sentenced the group on April 11, 2023, after finding them guilty on three counts of illegal possession of firearms and ammunition. (All Photos by Douglas Muiru)

They also said the trial court erred in law and fact when they failed to accord them a fair hearing and that enhanced a maximum sentence to them without considering mitigating factors, thereby passing a harsh sentence.

Ruling on the matter on Wednesday (April 24, 2024), GCM chairperson Brig. Gen. Robert Freeman Mugabe said there were procedural irregularities that affected the entire trial process even though the appellants had pleaded guilty.

It was also the GCM’s finding 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.

“Therefore, the sentence of the trial court is hereby set aside,” Mugabe ruled, adding: “In the premises, this court finds merit in the appeal and finds that a retrial of the appellants will cause them injustice. This court further finds that considering the period of one year and 13 days the appellants have spent in law custody/remand, and the period spent in illegal sentence, there is no need for retrial. The appellants are hereby set free unless held on other lawful charges.”

Lt. Col Raphael Mugisha, Captain Ambroz Guma, and Lt. Alex Rasto Mukhwana prosecuted the case.

Also present in court were several Kenyan officials, including Loima Constituency MP Protus Akujah, whose constituency most of the accused come from; Lawrence Lopayo, the Member of County Assembly Lokiriama/Lovengipi Ward, and Moses Eriru, the legal advisor to the Governor Turkana County, among others.

The charges

Prosecution had alleged that on or around April 8, 2023, while at Lokiryaout village, Nadungeti sub-county in Moroto district, the group, having no valid firearms certificate, were found in illegal possession of 28 SMG rifles some of which they jointly owned, the said rifles being ordinarily a monopoly of the defence forces.

It was further purported that during the same day and time, the accused were found in illegal possession of 801 ammunition of SMG without holding valid firearms certificates.

According to the accused lawyer Taremwa, the group left the country on Thursday (April 25, 2024) and headed back to Kenya.