Flawed plea bargain aids quashing of 25-year murder sentence

KAMPALA - The Court of Appeal has quashed a 25-year jail sentence handed to a man convicted of robbing and killing a bodaboda rider in Mubende district, citing irregularities in the plea bargain process.

In a judgment dated March 4, 2026, Justices John Oscar Kihika, John Mike Musisi and Cornelia Kakooza Sabiiti ruled that the trial court failed to comply with mandatory legal procedures before convicting and sentencing George Ndikubwimana over the murder of Stephen Niyibizi.

“The appeal is allowed. The conviction and sentence imposed upon the appellant are hereby quashed and set aside,” Kihika ruled.

The justices declared the plea bargain agreement defective and of no legal effect.
They also ordered that the appellant be retried on charges of aggravated robbery and murder before a different High Court judge.

Flawed procedure

The appellate court found that the trial judge did not explain the charge and its essential ingredients to the accused in a language he understood during the plea bargain session.

The justices held that the trial court failed to comply with the Judicature (Plea Bargain) Rules, 2016, saying that under Rule 8(2), a court is required to guide parties before a plea bargain agreement is executed and presented for endorsement.

Rule 10 further requires that the agreement be explained to the accused in a language he understands and, where interpretation is used, the interpreter must certify the accuracy of the interpretation.

The justices, however, stated that court records showed that the portion reserved for the interpreter’s signature was left blank and there was no indication that any interpretation was done.

The justices also noted that the record did not show that the court inquired whether the appellant understood the contents of the agreement.

The justices emphasised that an accused person’s reply must be recorded in his own words after which the prosecution must state the facts of the case. The accused must then be given an opportunity to admit, dispute or explain the facts before a conviction is entered.

The justices stated that the prosecution did not narrate the facts of the offence for the appellant to admit or deny.

“What appears on the record is not a narration of the facts constituting the offence, but a reference to the plea bargain agreement and the steps taken in its execution. This was conceded by the state,” Justice Kihika noted.

Constitutional safeguards

The justices underscored that these safeguards are not technicalities but are rooted in the constitutional right to a fair hearing under Article 28 of the Constitution and Article 28(3)(a), which entitles every accused person to be informed in a language he understands, of the nature of the offence.

“Upon a careful perusal of the record of proceedings, it is manifest that this procedure was not followed,” Justice Kihika said.

According to the justices, the court record was silent on the language used during proceedings and whether the appellant understood it. 

They said although the indictment was read and the appellant responded, “It is true,” there was no evidence that the trial judge inquired into his linguistic competence. They said the omission was grave.

The court further observed that there was no indication of the presence of an interpreter, nor any record of interpretation, in violation of Article 28(3) of the Constitution, which requires that a charge and its essential ingredients be explained in a language the accused understands.

Background

Court documents indicate that on the night of June 27, 2018, Stephen Niyibizi, a bodaboda rider, was attacked at his home in Lwensambya Village, Mubende district, by assailants who robbed him of his motorcycle and struck him on the head with a blunt object.

He was rushed to Lubaali Clinic and later referred to Mityana Hospital, where he died on arrival.

Prosecution evidence showed that at about 2:00am, the deceased’s parents heard an alarm from his house and saw two men, one armed with a panga and the other pushing the motorcycle. The armed man threatened them before the duo fled with the motorcycle.

A night guard later told Police he saw two men riding the stolen motorcycle at about 3:00am and identified the appellant, whom he said he had known for a long time.
Police subsequently arrested the appellant and recovered a bloodstained jacket from his home.

The appellant was represented by Sheila Kihumuro on the state brief, while the state was represented by Sam Oola, Senior Assistant Director of Public Prosecutions.