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The Court of Appeal has upheld the convictions and 23-year prison sentences handed to four men for participating in a deadly mob attack on fisheries enforcement officers at Lake Nakivale in Isingiro district.
The convicts are Innocent Nturushwamaboko, Atanasi Halelimana alias Kasiramu, Daniel Bahati and Venatusi Sekubwabo.
The four men had appealed against both their convictions and sentences, arguing that the trial judge had failed to properly evaluate the evidence linking each of them to the attacks. They also argued that their sentences were harsh, considering that they were first offenders, refugees and family men.
However, in a ruling dated November 4, 2026, a three-member panel comprising justices Cheborion Barishaki, Oscar John Kihika and Stella Alibateese dismissed the appeals, ruling that the prosecution had proved their involvement in the September 2019 attack beyond reasonable doubt.
“The convictions of the appellants for murder and attempted murder are upheld. The sentences imposed by the High Court are also upheld,” Justice Barishaki ruled.
The justices observed that the incident happened during daylight, giving witnesses sufficient opportunity to recognise the attackers.
They also noted that the prosecution witnesses had known the appellants for several years and were able to identify them at close range.
According to the justices, witnesses identified all four appellants as having participated in the attack, assault and killing.
The justices held that Nturushwamaboko participated in the killing and assault; Halelimana, who was armed with a spear, helped restrain the area defence secretary, Wasswa Kaberege; Bahati assaulted Rodgers Semboze on the head and shoulder and participated in the killing; while Sekubwabo arrived first, armed with a panga, cut the ropes restraining the arrested fishermen and subsequently led the attack.
They relied on the doctrine of common intention under the Penal Code Act, which holds participants in a joint unlawful enterprise criminally liable for offences committed in furtherance of their shared purpose.
The justices said the appellants had actively participated in an armed attack intended to frustrate the lawful arrest of the two fishermen.
They added that the killing of Kaberege and the injuries inflicted on the two surviving victims were a result of the group's violent conduct.
The justices noted that the attack involved about 30 people armed with dangerous weapons and targeted officials who were carrying out their lawful duties.
The court also rejected the prosecution's application to increase the murder sentences, saying the punishment imposed by the High Court was neither manifestly excessive nor inadequate.
Background
The case arose from an incident on September 24, 2019, at Nyarugugu landing site in Nakivale, where fisheries officials had arrested two refugees for allegedly fishing illegally using mosquito nets.
According to court records, Moses Nsamba Mugisha, the Isingiro district fisheries coordinator, had mobilised Beach Management Unit members to enforce fishing regulations on Lake Nakivale.
The team included Kaberege, Philemon Nuwandinda and 16-year-old Semboze.
As the officials prepared to take the suspects to Kashojwa Police Station, a group of about 30 people reportedly descended on them, armed with pangas, spears, sticks and stones.
The confrontation turned violent, leaving Nuwandinda and Semboze with grievous injuries, while Kaberege was abducted and later killed. His body was recovered from the lake the following day.