Army court sets free 32 Kenyan pastoralists

The Makindye-based army court has set free 32 Kenyan pastoralists after cancelling their 20-year imprisonment over possession of illegal firearms and ammunition in the Karamoja sub-region in April 2023.

Court records show that on April 11, 2023, the Army Court sitting at the Third Division in Moroto presided over by Colonel Bernard Arinaitwe Tuhame sentenced each of the 32 persons to 20 years in prison after they pleaded guilty to two charges of being in illegal possession of firearms and ammunition.

On each of the two counts the group was sentenced to 10 years respectively and they were to run concurrently. However, they appealed the punishment before the General Court Martial in Makindye, Kampala.

General Court Martial presided over by Brig Gen Freeman Mugabe held that upon perusal of the record of proceedings, the court agreed with both counsels for the appellants and respondent that there were procedural irregularities that affected the entire trial process even though the appellants pleaded guilty.

“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. The trial court's sentence is hereby set aside,” Brig Gen Mugabe held.

He added: “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 one year and thirteen days the appellants spent in lawful custody and the period they spent serving the illegal sentence, there is no need for a retrial. The appellants are hereby set free unless held on other lawful charges.”

Among their grounds of appeal that were raised by their lawyer Mr Soita Jessy, they challenged the jurisdiction of the court trying them yet they are civilians, holding a trial, conviction and sentencing minors to 10 years on each count in a prison designated for adults thus occasioning a miscarriage of justice.

Others are that the 3rd Division Court erred in law and fact in holding a trial, convicting and sentencing the appellants without giving them an opportunity of a fair hearing thus arriving at a wrong decision, finding the appellants guilty of the offence they did not commit, imposing a harsh maximum sentence and ordering them to serve it consecutively.

They had also faulted the court for holding a trial, convicting and sentencing them yet they are Kenyan nationals without following the legal procedure thus arriving at a wrong decision, ignoring their mitigating factors and failing to properly and thoroughly evaluate evidence of both parties on record and entirely relying on the prosecution evidence.

Although the prosecution led by Lt. Col. Raphael Mugisha had conceded to the grounds of the appeal, he asked the court for a retrial which the court declined to order.

In 2023 while sentencing the group, Colonel Tuhame held that illegal possession of firearms and ammunition has become a vice and the government has put in a lot of resources in ensuring that it is completely dislodged through the disarmament programme.

"Many people have lost their lives and property, including the security personnel yet you did not make any effort whatsoever to surrender the said guns, being aware of the government's call," Col Tuhamme ruled.

He added: "You knew that it is illegal for a civilian to own or possess a gun or ammunition in Uganda but having arrived, you went back to Kenya and picked your guns allegedly to defend yourselves from the Jie raiders. This was in contravention of the clear provisions of the law that is intended to protect people and their property."

Prosecution case

It is a prosecution case that on or around April 8, 2023, while at Lokiryaout village, Nadunget sub-county in Moroto District, the convicts having no valid firearm certificates were found in possession of 28 SMG rifles and 801 rounds of live ammunition which are ordinarily the monopoly of the defence Forces.

[email protected]