Appellate court maintains 23 years for butcher over murder

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The appellate court has maintained a 23-year imprisonment sentence against a butcher for killing a person (not identified) in a ritual sacrifice.

Sowali Mwima alias Magenda had complained that he was not properly identified as the killer, thus occasioning a miscarriage of justice.

He also argued that the prosecution evidence is riddled with contradictions and that the 23-year jail term handed to him by the trial judge was harsh.

However, a panel of three justices: Cheborion Barishaki, Christopher Gashirabake and John Oscar Kihika dismissed the convict's appeal for lack of merit.

"Given that all the grounds of appeal have failed, we find that this appeal is void of merit and is, therefore, dismissed," Barishaki ruled.

In a ruling dated April 8, 2024, the justices ruled that the convict was properly identified and placed at the scene of crime.

"The source of the information by the various prosecution witnesses was inconsequential to the prosecution evidence," Barishaki noted.

Background

Court documents indicate that on January 26, 2012, at about 1:00pm, the appellant, Mwima together with Haji Famba, went to the home of Mulongo Fatina Lunyolo while in possession of a small hoe. They used that hoe to break into the house of her son, Aramazan Were, in his absence. Famba is an uncle to Aramazan.

Police investigations reveal that at about 5:00 pm, the appellant and Haji Famba were heard calling someone on phone directing him to go to the said house. Shortly after, the deceased (not named) arrived while riding a red motorcycle registration No. UDT 019X.

He was taken into the grass thatched house where they purportedly performed rituals on him. During the performance of the said rituals, there was a lot of noise inside the house which raised concern among the public and they decided to inform the Police.

On their way to the scene, Police met Hajji Famba riding the red motorcycle belonging to the deceased, he was stopped but he jumped off and ran away. The Police later proceeded to the scene and found the appellant standing near the door where the deceased was laying.

On seeing the police, the appellant also ran away. The deceased was found unconscious laying in a pool of blood with multiple injuries on his head and there was a small hoe stained with fresh blood besides him. He was carried to Busolwe Hospital where he passed on.