Court of Appeal reduces 57-year sentence in rape case to 20 years

KAMPALA - The Court of Appeal has set aside a 57-year prison sentence imposed on a man convicted of raping a 65-year-old woman, describing it as manifestly harsh and excessive in the circumstances.

In its judgment, the court, presided over by justices Hellen Obura, Eva Luswata and Florence Nakachwa, said it exercised powers under Section 11 of the Judicature Act to re-sentence Emmanuel Opoo after re-evaluating the aggravating and mitigating factors in the case.

The judges noted that while the original sentence was severe, a 23-year term would have been appropriate to meet the ends of justice.

However, in line with Article 23(8) of the Constitution, the court also deducted the three years Opoo had spent in custody, ultimately reducing the sentence to 20 years’ imprisonment, effective from November 30, 2018, the date of conviction.

According to court records, on November 28, 2015, at Ocorimongin village in Katakwi district, the victim, a 65-year-old woman whose name was withheld, had been drinking at a bar with her husband, who left earlier.

As she walked home, she was attacked near her residence by an unknown man who grabbed her from behind, threw her to the ground and forcibly had sexual intercourse with her.

An eyewitness arrived at the scene after hearing cries for help and reportedly found Opoo, who was then 19 years old and is now 27, at the location, where he was caught in the act.

Rose Tumuheise, assistant director of public prosecutions, had urged the court to uphold the sentence, stating that it was appropriate for the offence committed.

While delivering the judgment on May 18, 2026, the Court of Appeal agreed with Geoffrey Nappa, who represented Opoo, that the 57-year sentence was harsh and excessive in the circumstances.

“Considering the range of sentence in rape cases, we find the sentence of 57 years’ imprisonment imposed on the appellant manifestly harsh and excessive in the circumstances.

Consequently, we set it aside and invoke the powers of this court under Section 11 of the Judicature Act to sentence the appellant (Opoo) afresh. Taking into account the aggravating and mitigating factors in this case, we find a sentence of 23 years appropriate to meet the ends of justice.

As enjoined by Article 23(8) of the Constitution, we deduct the period of three years the appellant spent in lawful custody and sentence him to 20 years’ imprisonment, which he shall serve from the date of his conviction, being November 20, 2018,” the justices said.