Court of Appeal says sentencing must consider pre-trial remand period

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The Court of Appeal has ruled that judicial officers must credit the period an accused person spends on remand when imposing a prison sentence.

In a judgment dated March 9, 2026, Justices Geoffrey Kiryabwire, Muzamiru Kibeedi and John Oscar Kihika said sentencing courts must take into account the time an accused person spent in lawful custody before the completion of the trial.

The justices noted that the requirement is provided for under Article 23(8) of the Constitution, which stipulates that any period spent in lawful custody in respect of an offence before the conclusion of the trial must be deducted when determining the final term of imprisonment.

They warned that failure to take into account the remand period renders a sentence illegal and requires adjustment by an appellate court.

“When sentencing a person to imprisonment, a trial judge or magistrate should consider the remand period,” Justice Kiryabwire stated.

The justices made the remarks while determining an appeal filed by Julius Kibirango, who had been convicted of aggravated defilement.

Court records indicate that in June 2013, at Jogo Goma in Mukono district, Kibirango performed a sexual act on an eight-year-old girl.

At trial, Kibirango pleaded guilty to the offence and was convicted on his own plea. He was subsequently sentenced to 15 years’ imprisonment.

However, the trial court did not deduct the four years and eight months he had spent on remand before conviction.

On appeal, the justices took into account the remand period and ordered that Kibirango serve 10 years and four months’ imprisonment starting February 6, 2018, the date of his conviction.

The justices observed that the original sentence of 15 years’ imprisonment was within the range imposed by courts, including the Supreme Court, for aggravated defilement where the offender is a first-time convict and there is no evidence that the victim was exposed to HIV infection.

However, they noted that the trial court did not clearly demonstrate that it had considered the remand period as required by law.

As a result, the justices set aside the original sentence, describing it as illegal.

During the hearing of the appeal, lawyer Shamim Nalule represented Kibirango, while Simon Peter Semalemba, an Assistant Director of Public Prosecutions, represented the state.