today's Pick
Nebanda death: Ruling on Kalungi appeal out today
Publish Date: Jun 27, 2014
Nebanda death: Ruling on Kalungi appeal out today
Adam Kalungi is set to know the fate of his appeal against his conviction in the Cerinah Nebanda death case. PHOTO/Richard Sanya
  • mail
  • img
newvision

By Michael Odeng & Clare Muhindo

KAMPALA - Adam Suleiman Kalungi, the man sentenced to four years in prison over the death of Butaleja woman MP Cerinah Nebanda, will know the fate of his appeal against the conviction and sentence later today.

He and his co-convict Ali Omar Alimuzahim will appear at the High Court on Friday where the verdict will be delivered in the morning.

Justice Lameck Mukasa will preside over the ruling.

Kalungi, through his lawyers – M/S Ochieng, Harimwomugasho and Co-Advocates – filed a memorandum of appeal on May 14 – challenging the magistrate’s court judgment.

Said to be fallen MP Nebanda’s boyfriend at the time of her death, Kalungi has sought a court order to have his conviction and sentence of manslaughter quashed, saying prosecution erred in law and facts when it failed to evaluate the evidence and properly construe the law in respect to manslaughter.

“Failure to do this made the magistrate arrive at the wrong conclusion in finding the appellant guilty of manslaughter by omission which caused a miscarriage of justice,” he said. 

He also wants court to sentence him to a caution if it fails to acquit him, saying his punishment was harsh. 


MP Cerinah Nebanda was very active in Parliament. Her death in December 2012 sparked off a lot of controversy. PHOTO/Rogers Okwany


In October last year, Deogratius Muheebwe displayed before court some of the evidence the police had recovered from Adam Kalungi’s home. PHOTO/Tony Rujuta


Government Forensic Specialist Andrew Mubiru displayed exhibits at Makindye Court in March 2013. PHOTO/Wilfred Sanya
 


On Friday, Kalungi is set to know the fate of his appeal at the Anti-corruption Court in Kampala. PHOTO/Abu Mwesigwa

Kalungi was sentenced to four years in Luzira prison early this year for negligently causing the death of Nebanda.

His co-accused Omar was sentenced to one year in jail over possession of drugs by Makindye court chief magistrate Esta Nambayo.

Prosecution insists that the convict in December 2012 unlawfully caused the death of the legislator in Buziga, Makindye Division in Kampala.

He was charged alongside Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt and Fatuma Babu who were later acquitted.

A medical officer Emmanuel Kizza Lwakataka – a former employee with People’s Hope Clinical Centre in Kansanga – confessed in court that he hesitantly administered restricted drugs to Nebanda at the time of her controversial death.

During the defense hearing, Kalungi told court he was forced by the police to confess that he administered drugs to her, leading to the MP' death.

 Kalungi on January 8, 2013 first pleaded guilty to the charges of manslaughter and later on denied after being advised by his lawyers.


Also related to this story

Adam Kalungi convicted of manslaughter
   
I am still in pain, says Nebanda's mother

Karungi has case to answer

Nebanda death: Cocaine, alcohol found

President Museveni address on Nebanda's death

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
First Lady salutes Chameleone on memorable concert
Celebrated Ugandan musician Jose Chameleone took his fans down memory lane at the One Million Experience concert Thursday night at Kampala Serena Hotel....
Babu abused EALA MPs - impeachment report
The former speaker of the East African Legislative Assembly, Margaret Zziwa, was impeached for, among other reasons, allowing her husband to interfere with the operations of the assembly and issuing threats to members and staff....
President Yoweri Museveni has appointed Charles Elem Ogwal as the second deputy Director of Public Prosecutions with immediate effect....
Seventy years on, US judge clears executed black teen
A judge in the southern US state of South Carolina has thrown out the conviction of a black teenager executed 70 years ago for the murder of two white girls....
EU court says obesity can be disability
The European Union's highest court ruled Thursday that obesity can be considered a "disability" if it hinders an overweight person's performance at work....
Village votes to expel HIV-positive boy
The plight of a Chinese boy with the HIV virus, reportedly pushed to leave his home by 200 villagers who signed a petition...
Do you agree with the ban on the export of maids?
Yes
No
Can't Say
follow us
subscribe to our news letter