Appeal court reduces attempted murder convict’s sentence by 5 years

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KAMPALA - A man who was sentenced to 25 years behind bars for attempting to kill four barmaids will now serve 20 years after the Court of Appeal reduced his sentence by five years.

Justice Duncan Gaswaga on May 20, 2015, found Nasur Gumisiriza alias Rwamukyandara guilty of attempting to murder Phionah Namanya, Emily Kyobutungi, Jackline Nareeba and Bibianah Katushabe.

The High Court sitting in Bushenyi imposed 25 years.

However, not pleased with the sentence, Gumisiriza, through his lawyer Seth Rukundo, moved to the Court of Appeal, arguing that the sentence of his client to 25 years in jail was harsh as the trial court did not take into consideration that the convict was the first offender.

The Justices of the Court of Appeal Muzamiru Kibeedi, Christopher Gashirabake, and Oscar Kihika while delivering the judgment on February 2, 2024, said the sentencing was within the guidelines.

They noted that the trial judge had taken all factors into consideration. After thorough deliberation, the court concluded that a jail sentence of 20 years, considering the time already served, would be more appropriate for Gumisiriza's case.

“Pursuant to section 11 of the Judicature Act, we proceed to exercise the power of this trial court to re-sentence the appellant by imposing a sentence we think is appropriate in the circumstance. We sentence the appellant to 20 years after deducting one year and 8 months spent on remand,” the court ruled.

According to the judges, during the resentencing, the court further considered mitigating factors such as the fact that the convict is a first offender, has two children and other dependents, and is also dealing with health issues.

Prosecution’s case

The prosecution stated that on October 15, 2013, at about 3:00 am, Gumisiriza broke into the house where the victims were sleeping and began hitting them with a large stick while demanding money.

The prosecution revealed that during the attack, as the biting intensified, Namanya managed to retrieve shillings 40,000 from her bag, which she then handed over to the convict. In response, he released Namanya.

Sensing the opportunity to escape, Namanya fled and promptly reported the matter to the Bushenyi Police Post.

Consequently, the Police traced Gumisiriza and arrested him. He was later identified during an identification parade.