How an ex-convict got law degree in prison

Paul Kakubi, 52, a resident of Kabutsye Village in Masheruka Town Council, Sheema District was on July 17, 2004 arrested on allegations of murder.

Kakubi together with his brother David Muramuzi were accused of murdering the late Jolly Ntegyereize, a resident of Kangwe Village in Masheruka Town Council, Sheema District on July 13, 2004 over alleged witchcraft, contrary to the Penal Code Act.

The two were consequently charged with murder in the High Court sitting in Bushenyi and were remanded to Nyamushekyera prison in Bushenyi District.

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While in prison, Kakubi, who was 30-years-old at the time and a Senior Two dropout, developed the need to resume his education after being disappointed by his lawyer who allegedly failed to represent him to his satisfaction while on remand at Nyamushekyera prison in 2008.

“I felt so disappointed in how my defence lawyer handled my case because he did not mention a thing of what I had told him. So after the court session I asked him, what does it take for one to be a lawyer? Because I felt that there was a need to help other people like me in prison get the justice they deserved,” he said.

His lawyer told him to do a lot of research and read huge volumes of books and he decided to pursue a career in law.

He joined Senior Three at Nyamushekyera prison.

Having been on remand for four years, the High Court presided over by Justice Lawrence Gidudu on October 20, 2008 found Kakubi and his brother guilty of murder and handed them a death sentence.

“……the deceased was murdered without being given a chance to defend herself against the allegations of witchcraft. Her life was terminated at once forever. I have no basis for imposing a lesser sentence since all opportunities existed for discussing this matter either in a family or village meeting between these neighbours.” Justice Gidudu’s judgment reads in part.

He added: “I am appreciative of the accused’s remorsefulness but I am inclined to impose a sentence that equals the crime that was committed. Accordingly, I sentence each of the accused persons to suffer death in a manner prescribed by law.”

Kakubi and his co-accused were transferred to Luzira prison in the condemned section as they waited to be executed.

He completed his Ordinary Level exams in 2009 at Luzira where he scored aggregate 40 before joining Senior Five in 2010 in Luzira prison pursuing History, Economics, Entrepreneurship, and Divinity.

In 2011, he sat for his Uganda Advanced Certificate of Education and scored 18 points.

The Drake University of California in Partnership with Makerere University Business School (MUBS) offered Kakubi a scholarship to study a diploma in Entrepreneurship in 2013, which he completed in 2015 with a first class.

However, he was not satisfied with the achievement as his goal was to help fellow prisoners get justice.

Though prisoners do not get a chance to study degree courses, Kakubi and 14 other inmates at Luzira were sponsored by the African Prisons Project to pursue bachelors’ degree in Law at the University of London.

“This was my turning point in life as I was able to major in criminal law given the past experience with my defence lawyer who betrayed me during one of the court rulings,” Kakubi said with a smile on his face.
Kakubi and his 14 other inmates studied this course online and they bought books through prison authorities and sometimes lawyers.

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In 2016, Kakubi represented himself and his brother Muramuzi in the Court of Appeal where they had challenged both the sentence and conviction given to them.

The court ended up striking off the death sentence.

“Accordingly, we set aside the death sentence imposed on each of the two appellants and instead sentence each of the appellants to 20 years imprisonment to run from October 20, 2008” a panel of three judges of the Court of Appeal led by Justice Remmy Kasule ruled.

They added: “In view of the totality of circumstances surrounding this case as founded on the evidence that was adduced, the case does not fall among the rarest of the rare or the worst of the worst. Given the manner in which the murder was executed, the age of the appellants and opportunity for reform, this case does not therefore merit a death penalty.”

Kakubi later wrote a book titled Live Your Heaven On Earth which he counts among his biggest achievements in prison. He sold the book at $7 (about Shs 25,000).

 “I do not regret being imprisoned because it was a life changing moment for me. For what the Uganda prisons has done in my life I declare them life partners,” Kakubi said.

The two brothers were later transferred to Nyamushekyera Prison in Bushenyi on March 16, 2021 and were later released on March 3.

Kakubi hopes to pursue a bar course at LDC and go on to write more books that speak to a person with a life like his.

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Kakubi says he is happy to be back home although he has found the property he left behind ruined. 

“I could fill a truck of matooke from my plantation but now it is all in shambles and I know I will put it back to the level at which it was. Some of the pieces of land I had acquired have been sold off,” he said.

He added: “My community received me with joy which shows acceptance and since I was a leader and got saved, I know, I will easily mingle again.” 

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The head of the education department in the Justice Defenders organisation, Ms Milly Kakungulu, said: “We sponsored him as an organisation because he was very disciplined and passionate about the law as well as helping other prisoners. Even before he got onto the programme, you could tell that he could come up with lines of argument, so it was very easy for them to catch up because you are just giving them the law to back it up.”

She added: “Our organisation,  Justice Defenders, is empowering people to be their own first advocates because we know that we want justice and it is the lawyers that usually do that, but it’s even more powerful if someone that is going through a hard time, because they can do twice as much as anyone paid to do it.”

The officer-in-charge of Nyamushekyera prison, Mr Henry Kidega, said Kakubi was an exemplary prisoner who served his sentence and gave other inmates hope.  

“Kakubi was involved in Church activities. He would guide and counsel his colleagues especially those serving longer sentences. He had a remarkable record that really showed he had reformed as a prisoner,” he said. 

Ms Success Kakubi, the daughter of Kakubi, said she found it hard to live with other students at school while her father was in prison. 

“I made sure that while at school, I never mentioned my dad’s name for fear of being stigmatised. It was so painful,” she said. 

Mr Johnson Turyakyira, Kakubi’s eldest son, said he dropped out of school after Senior Six to help his mother fend for the family. 

“Our mother taught us to be content with what we had because she would look for tuition but we would look for our own money to buy other scholastic materials by laying bricks, helping out with uncle’s farm work, so we had to limit our expectations at all costs,” Mr Turyakyira said. 

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He added: “However, we were mostly supported by our maternal grandmother who has since passed on because she became our pillar where mother failed. We cannot express how happy we feel for having our beloved dad back. Only God knows what is on our hearts.”