Supreme Court directs on convicts facing gallows

May 13, 2014

THE Supreme Court has referred back to the High Court four men to give reasons why they should not hang after having been convicted of committing capital offences against the state

By Hillary Nsambu

THE Supreme Court has referred back to the High Court four men to give reasons why they should not hang after having been convicted of committing capital offences against the state.

The four who are part of a large number of inmates awaiting the gallows for having been convicted of different capital offences, are enjoying the benefits of a judgment in which the Constitutional Court ruled that the death sentence was no longer mandatory, but a discretion of the trial judge.

“It is under that ruling that the Supreme Court directed that the four and many other inmates on death row are to be referred back to the High Court that tried them to hear their mitigation only on the sentence of death, the court’s deputy registrar, Godfrey Opifeni said.

The four were tried, convicted separately, except the last two, and they were sentenced to death. They are Enoch Kizito, Yasin Feni, Ronald Bagira and Umaru Bossi, who were all convicted of the offence of murder. They were seen with smiling on their faces as they left the dock at the Supreme Court.

Opifeni said that the convicts, who are referred back to the High Court for mitigation, are supposed to make their mitigation on only the sentence of death and; before the judges who tried them.

Asked what would happen in case the trial judge has retired, promoted or passed on, the registrar said that a workable solution could always be found in such circumstances. He did not elaborate on the point.

Following a constitutional petition by over 400 inmates on death row, the Constitutional Court, in 2004 ruled that the sentence of death should be discretional for the trial judge rather than mandatory.

The others awaiting to be referred back to the High Court are Juma Laporo (murder), Jonnson Magezi (aggravated robbery), William Kyaligonza (murder), Jackson Kagwa (murder) and Godfrey Mbunya (murder).

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