Court fines teacher Shs4.6m for spreading malicious information against former headteacher
Mr Ayub Mubiru, a former primary school teacher at Edu-Care Junior School in Wakaliga, Kampala at Muwanga II Court on May 7, 2024. Photo/Juliet Kigongo.
What you need to know:
- The court held that fines are consecutive while custodial sentences are concurrent as for the sentencing to reform the convict to stop such behavior and also to send a strong signal to other social media addicts.
A former primary school teacher at Edu-Care Junior School in Wakaliga, Kampala has been sentenced to pay a court fine of Shs4.6m or spend one year in prison in default for spreading hate speech and cyber harassment against his head teacher.
The Senior Principal Grade One Magistrate Adam Byaruhanga at Mwanga II sentenced Ayub Mubiru, 37, after finding him guilty of the two offences of Cyber harassment contrary to section 24(1)(2)(A) of the Penal Code Act and hate speech contrary to section 26(A)(a) of the Computer misuse Act as Amended 2022.
On the count one of cyber harassment, Mr Mubiru was sentenced to pay a fine of 30 currency points which is equivalent to Shs600,000 or serve six months imprisonment and on count two of hate speech, a fine of 200 currency points which is equivalent to Shs4 million on default or serve one year imprisonment.
The court held that fines are consecutive while custodial sentences are concurrent as for the sentencing is for the reformation of the convict to stop such kind of behavior and also to send a strong signal to other social media addicts.
“The need to punish the convict is also to send a message to other members of the public who misuse social media. I have considered the mitigating factors that the convict is the sole breadwinner of his family; I have also considered the relationship the convict had with the complainant which is teacher, head teacher relationship in the same school. Court believes that the two enjoyed some cordial relationship before this incident arose,” Mr Byaruhanga ruled.
Adding..“However the convict needs to learn to be civil and control his tongue and mind because what is aired out might not be taken back or retracted. This warning goes to other people who misuse social media. They need to check themselves while writing, sharing or posting anything about somebody.”
After ten months of trial, Mubiru who has been found guilty of the two counts was quick to avoid the maximum penalty of ten years imprisonment or a fine of Shs18m by asking for forgiveness from both the court and his former boss.
However, his former boss Mr Mahad Kayondo declined to forgive his former teacher, reasoning that he was psychologically tortured by the 1,110 messages Mubiru sent to him within 37 days.
“He developed WhatsApp groups where he could send 30 messages everyday which he could also forward to me,” Mr Kayondo told the court.
Court documents indicate that the messages alluded to the fact that Mr Kayondo would make sexual advances to his female school staff.
According to the charge sheet, prosecution stated that Mr Mubiru between March 24, 2023 and April 13, 2023 at Nateete Wakaliga Zone in Kampala district willfully and repeatedly used a computer, a mobile phone model BH58 to make suggestions or proposal which are incident against Mr Mahad Kayondo.
