Police Officer’s Sentence Increased By 12 Years After Appeal

Posted by: Kyeyune Andrew Jonathan in Uganda news February 15, 2022

A police officer who ran over his colleagues with a police vehicle had his jail sentence increased from 18 to 30 years for murder. During the incident, he killed one on the spot and left the other severely injured. The Court of Appeal also enhanced a custodial sentence of 12 years. The trial court had imposed against him 15 years for the offence of attempted murder.

Earlier, high court judge, Wilson Masalu Musene convicted Solomon Nkojjo for murder and attempted murder. He sentenced Nkojjo to 18 years and 12 years’ imprisonment.

The sentences were to run concurrently. However, Nkojjo appealed the Court of Appeal saying the sentences are illegal, harsh and manifestly excessive under the circumstances.

Upon appeal, the appellant attended the proceedings on video from Luzira Maximum Prison due to the COVID-19 restrictions. At first, Nkojjo appeared relaxed as the court announced the verdict.

“The appeal against sentence is allowed and the sentences of 18 years and 12 years’ imprisonment imposed by the High Court for the offences of murder and attempted murder respectively are hereby set aside.”

The court considered both the aggravated and mitigating factors that were set out in this judgment. They considered the term of imprisonment of 30 years for the offense of murder would meet the ends of justice.

The court further announced that since he had already served 10 months, Nkojjo would now serve 29 years and 2 months’ imprisonment on count one (murder).

Nkojjo had appealed, saying it was wrong for the trial judge to say he caused the death of Sgt Adong Judith with malice aforethought. He said he simply lost control of the vehicle, resulting in the knocking of Sgt Adong and Cpl Patrick Omach.

However, Justices Kenneth Kakuru, Muzamiru Mutangula Kibeedi and Irene Mulyagonja, who presided over the court, agreed with the judgment of the lower court.

Represented by lawyer Henry Kunya on appeal, the police officer also faulted the trial court. Apparently, they failed to properly evaluate the evidence on record and failure to consider the mitigating factors.

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