Africa-Press – Uganda. Mr Daniel Kashagama alias King Ndahura II, the leader of the Basongora Cultural Trust, was Tuesday fined a total of Shs1,000,000 following his conviction on malicious damage charges at the Fort Portal High Court.
Fort Portal High Court presided over by Justice Emmy Vincent Mugabo on January 25, 2024, convicted Kashagama of the charges before his case file was subsequently returned to the Kasese Chief Magistrate’s Court for sentencing.
Chief Magistrate’s Court presided over by Ms Betty Ajok acknowledged that while malicious damage convictions could carry a maximum sentence of five years, she found that the damage inflicted by the convict was minimal.
“From the record of the proceedings, when the court visited the scene of the crime, it was observed that the building was not at the wall plate level, as a few bricks couldn’t build up to the wall plate. Bananas had just been planted and hadn’t started fruiting, and no single coffee was on the property. It is evidence from the record of proceeding that the damage on the property was minimal,” she ruled.
Mr Kashagama was accused of demolishing a house, latrine, and a banana plantation belonging to Robert Kagyenda Bwebaale on a piece of land at Nyakakindo cell in Hima Town Council of Kasese District on January 29, 2020.
Despite the minimal damage, Ms Ajok noted the prevalence of malicious damage cases in the district and imposed a fine of Shs500,000 or a one-year prison sentence against Kashagama.
Additionally, she ordered compensation of Shs500,000 payable to the complainant, Robert Kagyenda Bwebaale, within a period not exceeding two months.
“I have discounted the maximum sentence; I have, however, considered the aggravating factors in this case, being the rampant nature of the offence of this kind in this district. I have equally considered the fact that the convict is a first offender, an elderly family man, and a community leader with considerable family and societal responsibilities and his remorseful demeanour,” ruled Magistrate Ajok.
She further highlighted that the convict had spent 36 days on remand before being granted bail in 2020.
Mr Francis Bakeine, one of Kashagama’s close associates, expressed satisfaction with the court’s fairness.
“The court emphasized the need for honesty and clarified that much as the complainant had accused the king [Mr Kashagama] of destroying so many properties, on a fact-finding mission they realized that many of them were mere allegations, save for a few things that he removed from the kingdom’s land after some individuals encroached on it,” he said.
The complainant declined to comment on the matter.
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