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Defilement tops Masaka Court of Appeal criminal session

The judges consult each other during the Court of Appeal Criminal Session at Masaka High Court on July 15, 2024. PHOTO | GERTRUDE MUTYABA

What you need to know:

  • The panel of three Justices; Hellen Obura, Muzamiru Kibeedi, and Moses Kawumi Kazibwe is expected to handle at least 28 appeal cases, with 14 cases being aggravated defilement, murder (10), rape (two), man slaughter and incest (one each).

Defilement cases top the list of appeal cases to be handled during the Court of Appeal criminal session currently taking place at Masaka High Court.

The panel of three Justices; Hellen Obura, Muzamiru Kibeedi, and Moses Kawumi Kazibwe is expected to handle at least 28 appeal cases, with 14 cases being aggravated defilement, murder (10), rape (two), man slaughter and incest (one each).

On Monday, the court heard the appeal of Joseph Paul Mbaziira, 55, who was sentenced to life in prison for defiling his 8-year-old daughter and infecting her with HIV/AIDS in 2007.

Mbaziira pleaded for a lenient sentence, citing his own HIV status, disability, and responsibility for caring for his son and others with disabilities.

 “I request the court to give me a lenient sentence, I am living with HIV/Aids, disabled and have a son and other people with disabilities that I look after. I loved my daughter so much and I wish to reconcile with her,” he pleaded.

However, the judges upheld the original sentence, citing the gravity of his crime.

Another appellant, John Nkwasibwe, was sentenced to 25 years in prison for defiling his 16-year-old daughter. The court dismissed his appeal, upholding the sentence for both defilement and incest.

"The trial court found you, Nkwasibwe, guilty on two counts; defilement and incest. You were sentenced to 20 years in prison for defilement and 5 years for incest. This Court of Appeal upholds the sentences, dismissing your appeal. You will continue serving the sentences as originally decided by the High Court,” Justice Kibeedi held.

Twaha Maasa, who was convicted of murdering his lover Rebecca Nabitosi with a machete in 2013, also had his 25-year sentence upheld by the court.

The Court of Appeal criminal session is expected to conclude on Wednesday, with the justices set to deliver their verdicts on the remaining appeals.

Mr Godfrey Obbo, Southern Regional Prisons Commander, urged the Judiciary to explore ways to expedite justice for vulnerable inmates, including Persons with Disabilities (PWDs), the elderly, and those with mental health issues, as their numbers continue to grow.

Deputy Chief Justice Richard Butera, who officially launched the session, announced plans to increase the number of Court of Appeal Judges to 35 in a phased approach starting this financial year (2024/2025).

He also revealed that permanent Court of Appeal circuits will be established in regions, starting with Mbarara and Gulu this financial year, to tackle the backlog of cases.