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Man jailed for cyberstalking DPP challenges sentence
Jared Oloo Akumu, a Kenyan national, at the High Court in Kampala yesterday. photo/Abubaker Lubowa
What you need to know:
Akumu’s lawyer says some of the charges against the Kenyan national were declared null and void by other higher courts
A Kenyan national, who is currently serving a two-year jail term for offensive communication and cyberstalking the Director of Public Prosecutions (DPP), yesterday challenged the sentence in the High Court.
Buganda Road Court chief magistrate Gladys Kamasanyu sentenced Jared Oloo Akumu, a resident of Nyangoma Division, Bondo District, Siaya County, Nyanza Province in Kenya, to two years in jail for cyberstalking Ms Jane Frances Abodo and nine months for offensive communication in October last year.
However, Akumu through his lawyer says the lower court acted illegally, irregularly and improperly when it passed a harsh sentence.
Mr Isaac Semakadde, Akumu’s lawyer, said one of the charges of offensive communication was quashed by the Constitutional Court in the Andrew Karamagi case for being null and void.
“There is no appeal in this decision, no order of stay of execution. So, the effect is clear, the charging section having been declared null and void, the proceedings in count two are similarly null and void, and should be expunged,” he said.
“We pray that the conviction and sentence in respect of count two should be set aside and the applicant be released immediately without further delay,” he added.
Mr Semakadde said the trial was conducted using a grossly defective charge sheet in four material aspects which included omission of particulars of the geolocation of the applicant, computer, data or programme used in sending the alleged offending communication which contravenes a section of the Computer Misuse Act which was still operational at the time.
He cited the Dr Stella Nyanzi case, saying she was acquitted against the same in the High Court.
“The prosecution omitted particulars of the specific threat allegedly made by Akumu with the intent to place the complainant, the DPP of Uganda, in reasonable fear for her safety,” Mr Semakadde submitted.
Mr Timothy Amerit, a prosecutor, told the court he was unable to respond to the issues raised as he was only holding a brief for Mr Jonathan Muwaganya who was away.
The presiding judge adjourned the case to July 4 for the state to respond.
The case
The prosecution alleges that on September 15, 2021, and on November 2, 2021, Jared Oloo Akumu willfully, maliciously and repeatedly used his known email address to harass Ms Jane Frances Abodo, the director of Public Prosecutions, by sending threatening emails and attachments to her official email address.
Prosecution adds that Ms Abodo received and viewed the emails from a computer.
They added that the intention was to place the DPP under reasonable fear for her safety with no purpose of legitimate communication.
