Appellate court frees juvenile jailed for killing Ugandan soldier

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The Court of Appeal has quashed a 31-year prison sentence that was handed to a juvenile who killed a Uganda Peoples’ Defence Forces (UPDF) officer guarding the home of Somali national Amina Warsame Adam in Mbuya, a Kampala suburb.

Justices Hellen Obura, Margaret Tibulya and Esta Nambayo ruled that Ahammed Ssekitoleko was a minor when he committed the offence in 2014, but the trial judge wrongly sentenced him as an adult.

“We sadly and regrettably note that the appellant, who committed the offence in 2014 as a juvenile, remained on remand for over three years and has now been in custody for over 11 years. Had the proper law and procedure been followed, he would have spent less than four years in custody,” Obura noted.

The justices held that the trial court should have convicted Ssekitoleko and referred his case to the Family and Children Court to determine an appropriate sentence, which should not have exceeded three years under section 94(1) of the Children Act (now section 139).

In a ruling dated February 10, the Court of Appeal said the pre-trial irregularities and illegalities amounted to a gross violation of the appellant’s rights as a juvenile offender, rendering the trial a nullity.

The justices, accordingly, quashed the conviction, set aside the sentence and ordered that Ssekitoleko be released immediately unless he is being held on other lawful charges.

“Neither the conviction nor illegal sentence can stand,” Obura ruled.

However, the justices warned police, prisons, prosecutors, defence lawyers and trial courts to always pay close attention to the age of accused persons, especially those who appear youthful and ensure their correct age is established to avoid violating the rights of juvenile offenders.

The court noted that had the trial judge properly addressed the appellant’s age, he would have realised that several provisions of the Children Act were breached.

The justices noted that Ssekitoleko was initially remanded in an adult prison, contrary to section 89(8) of the Children Act (now section 134(8)), although this was later corrected after the officer in charge of Upper Prison Luzira, wrote to the magistrate handling the case.

The justices also observed that the record is silent on where the appellant was detained after his bail was cancelled and his case committed to the High Court for trial.

Secondly, the court found that Ssekitoleko remained on remand beyond the six months allowed for capital offences under Section 91(5)(a) of the Children Act (now reduced to three months under Section 136(5)(a) as amended).