Court reduces lecturer’s murder life sentence to 35 years

GULU - The Court of Appeal sitting in Gulu city has reduced a life sentence handed down to a man who murdered his close friend, ruling that the punishment was “harsh and excessive".

A panel of three Justices: Geoffrey Kiryabwire, Mike Musota and Esta Nambayo delivered the judgment in the case of Patrick Ochaka alias Richard Oryema vs Uganda, overturning the life sentence imposed by the High Court in 2021 and substituting it with 35 years’ imprisonment, from which seven years spent on remand were deducted.

A friendship turned fatal

The late Andrew Rachkara, a Gulu University lecturer, had been a trusted friend to the appellant. Their bond soured when Oryema, once a helper, became the architect of Rachkara’s murder.

In 2013, Rachkara had given his Toyota Prado to businessman Denis Jobojobo to run operations in South Sudan. When Denis disappeared with the vehicle and profits, Oryema offered to help. He traced and lured Denis back to Uganda, earning the trust of Rachkara’s family.

But soon, the family began receiving threatening calls. Oryema volunteered to investigate, claiming he could trace the source in South Sudan. He asked for facilitation and was given money and another Toyota Prado to travel with.

The calls never stopped, and Oryema himself disappeared, switching off all his phones.

On June 14, 2014, Rachkara was gunned down at his home in Pece Division, Gulu city. Investigations revealed that Oryema never went to South Sudan; instead, he was in Kampala the night of the murder.

He was arrested two weeks later at Elegu border post as he attempted to flee to South Sudan. His sister led the Police to where he had hidden the murder weapons, and call data showed he had been in constant contact with an accomplice, Alikan Ojara Majid, who confessed to driving the killers to Rachkara’s home.

Majid entered a plea bargain, was convicted and sentenced and testified for the prosecution.

Trial and conviction

The High Court found Oryema guilty of masterminding the murder and sentenced him to life imprisonment. The judge reasoned that the convict posed a “continued threat to society” and deserved to spend the rest of his natural life in prison.

But Oryema appealed, arguing that the sentence was too harsh and that the trial judge had ignored mitigating factors, including his age, family responsibilities and health condition.

His lawyer, Simon Peter Ogen Rwot, asked the Court of Appeal to reduce the punishment to 15 years.

The state, represented by senior state attorney Jonathan Okello, opposed the appeal, saying Oryema had committed a cold-blooded murder out of greed, killing his friend to keep a car and shillings 33 million.

He said the trial judge had been “very lenient” in sparing him from the death penalty.

Judges’ reasoning

The appellate court agreed that while murder attracts the death sentence, the trial judge had failed to adequately weigh the mitigating circumstances.

“The appellant was 39 years old at the time of the offence and had a family. At that age, he is capable of reforming and being productive to the community,” the judges said.

However, they also condemned his betrayal of trust, deceit and lack of remorse during trial.

“The appellant betrayed his friend who trusted him so much. He was not remorseful throughout the proceedings,” the ruling stated.

Balancing these factors, the justices found life imprisonment too severe and imposed a 35-year term instead. With the seven years spent on remand taken into account, Oryema will now serve 28 years from the date of conviction.

A reminder on sentencing

The court’s ruling reinforces the principle that while murder remains among the gravest of crimes, sentencing must balance retribution with the possibility of rehabilitation.

For Oryema, the verdict means decades behind bars, a long time to reflect on the friendship he destroyed and the life he took in cold blood.