Overview:
The Prosecution, represented by Chief State Attorney Happiness Ainebyona, countered that no formal inquiry into Ahmmed’s age was conducted at the time, and the issue of his being underage was never formally raised during the High Court trial.
The Court of Appeal has quashed the 2018 conviction and 31-year jail sentence of Ahmmed Ssekitoleko, ruling that his rights as a minor were violated during his trial for the murder of a UPDF soldier and aggravated robbery in Kampala.
The three-justice bench, comprising Justices Hellen Obura, Margaret Tibulya, and Esta Nambayo, in their decision, found that the High Court erred in trying and sentencing Ssekitoleko as an adult, despite medical evidence indicating he was under 18 years of age at the time of the alleged offences.
Ssekitoleko, who was arrested in April 2014, was initially indicted on one count of murder contrary to sections 188 and 189 of the Penal Code Act, and one count of aggravated robbery under sections 285 and 286(2) of the same Act (now sections 266 and 267). The charges followed a violent raid on the home of Amina Warsame Adam in Mbuya, Kampala, during which a UPDF soldier guarding the residence was struck on the head with pavers.
Several items were stolen from vehicles parked within the compound, and the soldier later died en route to the hospital. Court records indicate that upon his arrest, Ssekitoleko was detained at Upper Prison, Luzira. He informed prison officials that he was below 18 years, prompting a referral to Mulago Hospital, where a medical examination confirmed that he was indeed a juvenile.
Following the confirmation, the Officer in Charge at Luzira recommended that Ssekitoleko be transferred to a remand home, in accordance with the Children Act, as it was illegal to detain a minor in an adult prison facility. Despite this evidence, Ssekitoleko was remanded to the High Court for trial, which commenced three years later, from December 2017 to February 2018.
During the trial, he was convicted and sentenced to 31 years and two months in prison, a sentence that his lawyer Sheila Kihumuro later argued was illegal because it exceeded the statutory maximum for juvenile offenders. In the appeal, his lawyer argued that his constitutional and human rights as a child were grossly violated.
The court heard that Ssekitoleko spent over three years on remand awaiting trial, a period far exceeding the six months allowed under the Children Act for capital offences by minors. She told the Court that the trial and subsequent sentencing not only ignored statutory safeguards for juveniles but also perpetuated a miscarriage of justice.
“Violation of the appellant’s non-derogable right to a fair and speedy trial as enshrined under Article 28(1) of the Constitution was so apparent on the face of the record that no competent court should have proceeded with his trial,” Kihumuro said, citing precedent of other minor offenders.
The Prosecution, represented by Chief State Attorney Happiness Ainebyona, countered that no formal inquiry into Ahmmed’s age was conducted at the time, and the issue of his being underage was never formally raised during the High Court trial. She maintained that the sentence imposed was lawful, arguing that Ahmmed was 18 years or older at the time of the offences.
After a careful review of the evidence and submissions from both parties, the Court of Appeal ruled that Ssekitoleko was approximately 17 years old when he committed the offences, making him a child under the law. The Court noted that medical reports and prison correspondence clearly indicated his minor status.
The judges further observed that the trial judge failed to remit the case to the Family and Children Court for sentencing, as required under section 94(1)(g) of the Children Act (as amended, 2016). “This failure resulted in pre-trial irregularities, gross procedural violations, and an illegal sentence that cannot stand,” the Court ruled. The Court emphasized that the maximum sentence for a child convicted of a capital offence is three years, far less than the 31-year term originally imposed.
Consequently, the Court of Appeal has quashed Ssekitoleko’s conviction, set aside the sentence, and ordered his immediate release unless he is held on other charges. The judges also urged law enforcement, prison authorities, prosecution, defence counsel, and trial courts to ensure that the age of accused persons is properly established, particularly when young-looking individuals are involved, to prevent future violations of juvenile rights.
“We therefore find that all the pretrial irregularities and illegalities which caused gross violation of theappellant’s rights as a juvenile offender vitiated his trial and consequently his convictioncannot stand. Neither can the illegal sentence of 31 years and 2 months, which was imposed on the appellant, stand”, reads the decision. Ssekitoleko had earlier been jailed by Justice Anthony Oyuko, whose decision has now been set aside.
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