Boda Boda 2010 patron Kitatta released from jail
The patron of Boda Boda 2010 Association, Mr Abdullah Kitatta, addresses journalists before he was arrested. FILE PHOTO
What you need to know:
On May 13, 2019, the General Court Martial chairman Lt Gen Gutti, held that the prosecution evidence from four witnesses had sufficiently proved the charges against Kitatta and his former bodyguard Ngobi.
Gen Gutti ruled that the court addressed its mind to the fact that an accused should only be convicted basing on the strength of the prosecution evidence but not on the weakness in the accused’s defence.
Shortly after the Court of Appeal of General Court Martial at Makindye reducing his sentence of 10 years to three years, the jailed Boda-Boda 2010 patron Hajji Abdullah Kitatta was released from jail.
On Friday court chaired by Justice Elly Turyamubona ruled that the punishment that was handed to Kitatta and his accomplice was harsh and excessive for the offenses of illegal possession of fire arms and ammunitions.
Justice Turyamubona further ruled that the Court Martial should have treated Kitatta and Ngobi as first offenders who should have been given a chance to reform, and the fact that there was no evidence that the guns they were found with endangered lives of people.
Court held that given the sentencing guidelines governing courts, a period of one year Kitatta and Ngobi spent on remand has to be deducted and given the fact that they had already served a year since their conviction in May last year, a sentence of one year and eight months and six days in prison is appropriate.
However when the duo where driven back to Luzira prison in the afternoon, they were immediately released after the calculation of their remission.
The prison's spokesperson, Mr Frank Baine noted that the duo should have left prison on July 7, 2020 after the reduction of their sentence.
"I can confirm to you that Kitatta is now a free man. He was freed together with his bodyguard at around 4.30pm on Friday," Mr Baine said.
Kitatta and Ngobi had challenged their sentence and conviction handed to them by the General Court Martial in May last year after being found guilty of illegally possessing firearms and ammunitions.
Among other grounds, Kitatta and Ngobi had faulted the seven member court that was chaired by Lt. Gen Andrew Gutti of failing to summon material and independent witnesses during their trial which would have enabled them arrive at a just conclusion, and instead convict them on the weakness of prosecution evidence.
However Justice Turyamubona declined to overturn their conviction stating that the prosecution adduced sufficient evidence to prove that they were found in illegal possession of firearms, ammunitions and military attire which is a monopoly of the UPDF.
They further faulted the trial court of finding them guilty of offenses of unlawful possession of firearms and ammunitions basing on false and uncorroborated prosecution evidence and exhibits.
On May 13, 2019, the General Court Martial chairman Lt Gen Gutti, held that the prosecution evidence from four witnesses had sufficiently proved the charges against Kitatta and his former bodyguard Ngobi.
Gen Gutti ruled that the court addressed its mind to the fact that an accused should only be convicted basing on the strength of the prosecution evidence but not on the weakness in the accused’s defence.
