The Court of Appeal in Kampala has suspended the conviction and sentences of two men previously found guilty of murder and aggravated robbery of a hardware in Masaka City.
Derrick Jumba and Matia Kizza Bukenya were in 2018 convicted of aggravated robbery and murder for raiding Moses K. Hardware in Masaka City and killed Moses Musinguzi, a soldier of the Reserve Force, robbed him of an SMG rifle and 30 rounds of ammunition but also killed Sharif Kiggundu, a casual labourer at the shop, and robbed cash amounting to shs435,000 from the shop owner, Moses Kalisa.
They were sentenced to 40 years imprisonment and on appeal in the Court Martial Appeals Court, the sentence was reduced to 30 years but they appealed again in the Court of Appeal.
In a judgement delivered by Justices Geoffrey Kiryabwire, Ketrah Kltariisibwa Katunguka and Cornelia Kakooza Sabiiti, the court said the sentences for the duo should be set suspended, owing to an earlier decision by the Constitutional Court in which it stopped trial of civilians by the army court.
“The Supreme Court in the case of Hon. Michael Kabaziguruka found the trial of civilians as in the GCM as did happen in this case unconstitutional. Having said that, it is moot to determine the objection as to the right of appeal. Now that this appeal is before us challenging the sentences meted, we cannot find otherwise as we are bound by the law of precedent. We take no further step in its hearing,” the panel said.
“ We are properly directed and guided by the judgements of Justice Mike Chibita and Justice Catherine Bamugemereire in the case of Hon. Michael Kabaziguruka to suspend the current sentences meted by the Court Martial Appeals Court and refer this case for review and or retrial by a civilian court of competent jurisdiction to determine the matter accordingly.”
The justices of the Court of Appeal consequently suspended the conviction and sentence of the duo and referred the case for review and or retrial by a civilian court of competent jurisdiction to make a fresh determination .
The appellants were remanded to prison pending the fresh determination of their offences.