The General Court Martial Appeals court, has dismissed the appeal of jailed Chairman of the Boda Boda 2010 Abdullah Kitatta and his body guard, detective constable Ngobi Sewaali that challenged charges of unlawful possession of fire arms and military wear they faced in February/2018.
The same court however, reduced Kitatta’s sentence to 1 year and 8 months imprisonment after deducting the time spent he on remand.
The duo’s arrest followed the death of Case Clinic accountant Francis Ekalungar in trying to obstruct the prime killer of Ekalungar who was Kitatta’s brother- Kiwalabye Hussein.
Kitatta also challenged his prosecution in a military court yet he is civilian; convicting him on evidence based on contradictions and giving him a harsh sentence of 10years.
In his ruling the Army Appeals Court Chairman, Justice Elly Turyamubona dismissed Kitatta’s claims on the contradictions as minor, then much as he is a civilian but he was found with arms that are only a monopoly of the UPDF.
However Justice Turyamubona concurred with Kitatta that a long term sentence serves no purpose while a short one helps a convict to reform and therefore the maximum sentence of 10 years was harsh; hence reducing it to 1 yr, 8 months and 6 days.
The Court of Appeal ruled that the prosecution didn’t disprove beyond reasonable doubt any assertion made by the defence as required in the sentencing guidelines for courts of judicature.
“The trial court should have relied on the sentencing guidelines in determining an appropriate sentence to pass especially the second schedule to the sentencing guidelines, which spelt out factors to take them into consideration when sentencing.”
“… we find that the sentences imposed on the appellants were harsh and excessive and amount to miscarriage of justice.” Justice Tutyamubona ruled.
Kitatta who was found in unlawful possession of a pistol and military wear, was arrested on 20th/January/2018, together with his body guard DC Ngobi Sewaali for unlawful possession of an SMG with 30 live bullets yet he was only authorised to own a pistol.
They were arrested between Nateete and Rubaga Division in Kampala during an organised operation to block his brother’s arrest by CMI Operatives to answer for Ekalungar’s alleged murder.
They were then charged before the General Court Martial sitting in Makindye on 13th/February/2018, and on 14th/May/2019 Kitatta and Sewaali out of 13 suspects were the only ones convicted and sentenced to serve 10 years in prison.
Then Chairman Lt. Gen. Andrew Gutti deducted the time they had spent on remand and sentenced them to 8 years, 8 months, 6 days.
Today, this same sentence has been reduced to 3 years imprisonment and when you deduct the time spent on remand they have 1 year, 8 months and 6 days which is ending by February/2021.
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