Africa-Press – Uganda. The army court has ordered the immediate transfer of six convicted Kenyan pastoralists from Murchison Bay Prison in Luzira to Naguru Remand Home after they were found underage.
The radiology department at Mulago Hospital issued the medical report on age estimation of Lojorei Limeriana, Lokiru Lomukunyu, Lookor Lokwang, Lobuin Ekori Namude, Longatunyio Lokwang and Kokole Moru showing that the persons were aged below 18.
The six are out of the 32 Kenyan pastoralists who were sentenced to ten years imprisonment for possession of illegal firearms and ammunition in Karamoja region in March this year.
“As per the medical age assessment reports presented to court by the convicts’ lawyer Jesse Soita, the above named six Convicts are children,” Brig Gen Freeman Robert Mugabe, chairman of the General Court Martial held.
In April, a military court sitting at the Third Division in Moroto sentenced each of the 32 persons to 10 years in prison after they confessed two charges of being found in possession of firearms and ammunition.
Appealing against their conviction, the 32 are challenging the jurisdiction of the army trying them yet they are civilians, holding a trial, conviction and sentencing minors to 10years on each count in a prison designated for adults thus occasioning a miscarriage of justice.
Others are that the 3rd Division Court Martial erred in law and fact in holding a trial, convicting and sentencing the appellants without according them an opportunity of a fair hearing thus arriving at a wrong decision, finding the appellant guilty of the offence they did not commit, imposing a harsh maximum sentence and ordering them to serve it consecutively.
They also fault the court for holding a trial, convicting and sentencing them yet they are Kenyan national without following the legal procedure thus arriving at a wrong decision, ignoring of their mitigating factors and failing to properly and thoroughly evaluating evidence of both parties on record and entirely relying on the prosecution evidence
However, prosecution led by Lt Col Raphael Mugisa sought adjournment to March 12, 2024 to file their submissions on the appeal which court granted on Tuesday.
Prosecution case
It is prosecution case that on or around April 8, 2023 while at Lokiryaout Village, Nadunget Sub-county in Moroto District, the convicts having no valid firearm certificates were found in illegal possession of twenty eight SMG rifle and 801 rounds of live ammunition- some of which they jointly owned and are ordinarily the monopoly of the Defence Forces.
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