The General Court Martial in Makindye has ordered the Uganda Prison Services (UPS) to transfer six Kenyan Pastoralists from Murchison Bay prison in Luzira to Naguru Remand Home immediately after determining that they are minors. They are Lojorei Limeriana, Lokiru Lomukunyu, Lookor Lokwang, Lobuin Ekori Namude, Longatunyio Lokwang, and Kokole Moru.
The General Court Martial Chairman, Brigadier Freeman Robert Mugabe issued the transfer order following a successful application by the pastoralists’ lawyer, Jesse Soita. Soita argued that his clients were underage and, by law, should be detained in a remand home as Murchison Bay is designated for adults. These minors were among the 32 Kenyan cattle keepers/pastoralists sentenced to ten years in prison for possessing illegal firearms and ammunition in the Karamoja region in March 2023.
However, reports from Mulago National Referral Hospital’s Radiology Department confirmed that the six are below 18 years old. Relying on the Mulago Hospital Report, the General Court Martial decided to transfer them immediately. Court Martial records indicate that on April 11th, 2023, the Third Division Court Martial in Moroto sentenced each of the 32 individuals to 10 years in prison.
They confessed to charges of possessing firearms and ammunition illegally in Lokiryaout village, Nadunget Sub-county, Moroto district on or around April 8, 2023. The Court presided over by Col Bernard Arinaitwe Tuhame, stated that illegal possession of firearms and ammunition is a serious offense, one the government is vigorously combatting through a disarmament program.
Displeased with the sentence, the group appealed in the UPDF General Court Martial in Makindye, contesting the court’s jurisdiction to try them as civilians. They also argued that some of them, being minors, were wrongly sentenced to an adult prison. Additionally, they criticized the court for trying, convicting, and sentencing them without following proper legal procedures, asserting their Kenyan nationality.
The appellants claimed that the trial court disregarded mitigating factors, failed to evaluate both parties’ evidence adequately, and relied solely on the prosecution’s evidence, leading to a miscarriage of justice. Furthermore, they accused the 3rd Division Court Martial of legal and factual errors, convicting them of an offense they didn’t commit, and imposing a harsh maximum sentence consecutively. In response, the prosecution, led by Lt. Col. Raphael Mugisha, requested an adjournment until March 12, 2024, to file their submissions on the appeal, which the Court granted.
URN.