Congolese ADF operative jailed 30 years

The General Court Martial (GCM) at Makindye in Kampala has condemned a Congolese Allied Democratic Forces (ADF) rebel to 30 years imprisonment.

Hussein Musana Yakut, 22, a self-employed resident of Maberenga Camp, Ituri Province in the Democratic Republic of Congo (DRC), was condemned together with Abdul Swaibu Kafeero, 33, an ADF rebel, aboding at Kalamba village in Butambala district.

The duo was condemned alongside a minor, Mahad Nyonyintono, 16, unemployed and a resident of Naigaza Village, Bumanya sub-county in Kaliro district.

According to the Constitution and Section 2 of the Children Act, as amended in 2016, a minor is a child below the age of 18 years.

The trio, have since last year, been battling the charge of treachery contrary to Sections 129 (a) of the UPDF Act, 2005, and elicits a maximum death sentence.

Sentencing the convicts, GCM chairperson Brig. Gen. Robert Freeman Mugabe said the maximum penalty for the offence is death, that the convicts were unknowingly recruited into ADF, were first-time offenders, remorseful and that 30 years imprisonment was appropriate.

Mugabe further observed that accused number three (Nyonyintono) was below 18 years of age and that the convicts were remorseful.

“In the premises, this court after deducting a period of one year, three months, and 17 days spent on remand and a period of eight months and 13 days for mitigating factors, hereby sentences you Musana and Kafeero to 28 years imprisonment,” Mugabe ruled.

Naguru Remand Home

Being underage, Mugabe ordered Nyonyintono to be remanded at Naguru Remand Home, ordering, “Your file will be transferred to the Family and Children Court for appropriate orders".

He further advised the convicts of their right to appeal within 14 days if they were not satisfied with his court ruling.

Army Director of Prosecutions Lt. Col. Raphael Mugisha, Captain Ambroz Guma, and Lt Alex Rasto Mukhwana prosecuted the case whereas Captain Simon Nsubuga Busagwa was the defence counsel.

Prosecution told the court that Musana, Kafeero, and Nyonyintono between October 2021 and January 2023 while at Maberenga ADF camp, Ituri Province in DRC, recruited, trained and actively participated in ADF activities by engaging in war against the Government of Uganda.