The Court of Appeal in Kampala has confirmed the 24-year jail term handed to 81-year-old, Patrick Kabogere for defiling three minors in Kiruhura district. The three Justices, Deputy Chief Justice Richard Buteera, Christopher Gashirabake, and Oscar Kihika, passed the verdict on Thursday.
Kabogere will serve 24 years, 10 months, and 12 days in jail after deducting the five years he spent on remand. The court heard that on August 26th, 2013, at Ibaare II cell in Kiruhura district, Kabogere had unlawful sexual intercourse with three minors: NP, aged 11 years, NF, aged 7 years, and NJ, aged 4 years. Marion Kirabo left her three daughters at home to go to the garden.
Kabogere enticed them with ‘sweet Pepsi’ and two hundred shillings before taking them behind a fence, where he sexually assaulted each one of them. “The appellant/Kabogere threatened to beat the victims if they raised any alarm. On the 30th of August 2013, Kirabo Marion, while bathing her daughters, noticed discharge in NJ’s private parts.
She revealed that Kabogere had defiled her together with her two sisters. The victims were medically examined and found to have been sexually assaulted,” according to the documents. Kabogere was arrested, charged with three counts of aggravated defilement, tried, and convicted by Mbarara High Court Judge Joyce Kavuma, and initially sentenced to 30 years in jail.
Despite the judge’s consideration of the time he had spent on remand, the warrant reflected the full 30 years. Displeased with the decision, Kabogere appealed against the sentence, arguing the Judge erred in law and fact and failed to deduct the period spent on remand. The Prosecution, led by Senior Assistant Director of Public Prosecutions Sam Oola, conceded on the issue of the illegality of the sentence. Oola stated that the trial Judge left the deduction of time spent on remand to the prison authorities, which was incorrect.
Regarding the excessiveness of the sentence, Oola argued that the 30 years was justified as the children were fit to be his grandchildren. “He abused their trust; his conduct was disgraceful and abominable. The sentence of 30 years’ imprisonment was appropriate,” said Oola. In their Thursday judgment, the Justices deducted the time spent on remand.
“We find that the trial Judge did not indicate the final sentence handed to Appellant/Kabogere in the warrant,” said the Justices. They proceeded to deduct the time, and Kabogere will now serve a sentence of 24 years, 10 months, and 12 days, effective from November 6th, 2018, the date of conviction. It’s important to note that the maximum sentence for aggravated defilement is death upon conviction.
URN.