Killer SFC soldier sentenced to death

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The division court martial of the first Special Forces Command has sentenced a soldier to death after finding him guilty in the Mayuge shooting on June 29, 2024, which claimed five lives and left four others injured.

The session, chaired by Lt. Col. Moses Nabasa, took place at the Buwaaya sub-county headquarters in Mayuge on Thursday. During this session, Pte. Robert Herbertson Birivumbuka was convicted after pleading guilty to the murder of several close family members related to land disputes.

▪️ SFC soldier, 3 civilians on trial over murder in Mayuge

Pte. Robert Herbertson Birivumbuka, (in handcurfs) who was sentenced to death, next to him is his father, Patrick Tagaba and Meddie Mumbya. (Photo by Jackie Nambogga)

Prosecution led by David Basiima briefed court that Birivumbuka armed with a rifle, raided Nawanvubu village, Namatale parish, Buwaaya sub-county in Mayuge district killing Isaac Buyinza Mudhasi, 39 alongside his 3 children.

The three included Nicholas Musasizi, 4, Elesi Kafuko, 15, and Resty Kantono, 14, who all died on the spot, while the fourth, Isaac Kitibwa Mudhasi, of two-and-half-years, succumbed to bullet wounds on arrival at Iganga hospital in Nakavule where survivors had been rushed.

Meanwhile, Mudhasi’s first wife, Jessica Timugiibwa, 32, and her young sister Viola Kyakuwaire, 30, who had on the fateful day visited them, survived with injuries, including the children, Harriet Kyozira, 8, and Hellen Kisakye, 10.

At the beginning of the four-day session, Birivumbuka had denied the charges of murder and conspiracy to commit murder that were filed against him and four civilians. However, he later changed his plea and admitted to the shooting.

This change occurred after the court presented Stella Maris Amabilis, the chief magistrate of Entebbe, as one of the 11 witnesses. She read Birivumbuka's additional statement to him when he was arraigned before the court for a hearing on his charges.

In his additional statement before Amabilis, the soldier conceded, saying he acted in revenge by killing his paternal uncle Mudhasi for poisoning his mother, which led to her death.

That he was also angered by his late grandfather Samuel Nviri who died last year for allotting 5 acres of land to Mudhasi while his father got two yet he was the eldest.

Before his conviction, Birivumbuka maintained that he was liable for the shooting but denied conspiring with his father Patrick Tagaba, 67, his brother, Sharif Samanya Mudhasi, 33, and Meddie Mumbya, his business associate who operates a barber’s saloon in Namatale trading centre to commit the crime.

Each of them carried different penalties.

Birivumbuka was first slapped with 9 counts of which five were in connection to murder while the four were of attempted murder.

For instance, the first count of killing Mudhasi earned him a death sentence while in the third one, he got a life sentence sending the public into cheers as he broke down and remained squatting with his head low.

Pte. Robert Herbertson Birivumbuka broke down after he was sentenced to death. (Photo by Jackie Nambogga)

Meanwhile, in the second murder charge, he was slapped with 90-year imprisonment while in the fourth and fifth, he was given a jail term of 54 and 51 years respectively.

Their defence lawyer, Lt. Hirald Rugyendo suffered humiliation from the public when he prayed for Birivumbuka to be pardoned as a first-time offender yet he was the sole breadwinner with two children and a wife.

“What about Mudhasi whom he killed, didn’t he have two wives and children, this lawyer is a joker,” Joy Matama shouted.

In the four attempted murder charges which ranged from count six to nine, the court further found the soldier guilty.

In counts six, seven and eight, he was given 25 years each and 20 years in the ninth count.

Nabasa said the offences were of a serious nature and that by handing him such sentences, they needed to deter others from committing the same offences.

Whereas Birivumbuka pleaded not guilty to the offence of conspiracy to murder contrary to section 191 of the Penal Code Act (PCA) chapter 128, Nabasa said court convicted him for its findings of being guilty.

He said court directed itself to the evidence adduced to it based on the documentation presented by police detective Brian Magoola from the Kibuli CID headquarters of their call logs.

Also, court depended on the various sim cards including the new number he bought ahead of committing the act.

Besides the two his initial mobile numbers, prosecution indicated how he purchased a new sim card still in his name which he particularly used to communicate with his father, Tagaba and Mumbya, the said business associate.

Whereas Birivumbuka said he was engaging Mumbya to help him start a modern saloon in Bugiri, prosecution said the business at that time was of planning to kill.

Consequently, he was sentenced to 3 years’ imprisonment and referred to Luzira Maximum Prison.

Besides Samanya who was acquitted, the 2 civilians including Birivumbuka’s father were all convicted of conspiracy to murder.

Whereas conspiracy to murder carries 14 years in jail, Tagaba was sentenced to one year while Mumbya was given six months.

Being an elder, Nabasa faulted Tagaba for failure to offer guidance saying such a crime wouldn’t have happened.

However, their sentence also caused an uproar from locals who bore the scorching sun and later darkness to witness the ruling saying it was very light.

A cross section of residents following proceedings of Pte. Robert Herbertson Birivumbuka sentencing. (Photo by Jackie Nambogga)

“Mumbya is the one who rode the soldier to execute the shooting and they had been communicating, the 6 months is not deserving at all,” John Isabirye, of Kabayingire village, Buwaaya sub-county remarked.

Commenting about the court ruling, Maj. Jimmy Omara, the SFC spokesperson said the sentence is as a very strong message that would go to the members of the institution that respect for the rights of others was very much important.

He said the soldiers were meant to protect people’s lives and property and that once they turn their riffles on them, the law would bring them to order.

He also commended the UPDF legal team for what he described as taking justice close to the people,” he said.

Meanwhile, Nabasa said the convicts had the right to appeal within 14 days in case they were not contented with the court’s ruling.