Man loses appeal against 30-year jail term for murder
The prosecution told the court that Okwera and Kinyera worked at Angal Farm in Palaro sub-county, Gulu district.
Man loses appeal against 30-year jail term for murder
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The Court of Appeal has dismissed an appeal by Ibrahim Okwera against his 30-year prison sentence for the murder of his colleague, Patrick Kinyera, at a farm in Gulu district.
A panel comprising Justices Eva Luswata, Asa Mugenyi and Musa Ssekaana upheld the sentence, ruling that the trial judge had properly exercised her discretion and that the punishment was neither illegal nor manifestly excessive.
Okwera had appealed against the sentence imposed by the High Court in Gulu, arguing that Justice Margaret Mutonyi failed to give sufficient consideration to the mitigating factors before sentencing him.
He was convicted of murder under sections 188 and 189 of the Penal Code Act and sentenced to 30 years’ imprisonment on March 21, 2016.
The prosecution told the court that Okwera and Kinyera worked at Angal Farm in Palaro sub-county, Gulu district.
Court records indicate that Okwera had earlier quarrelled with Kinyera's visitor. After the confrontation, Okwera turned on Kinyera, who tried to avoid a fight and explained that he had only come to work.
Okwera fled the scene but was arrested later that night and subsequently charged with murder.
During the appeal, his lawyer, Julius Paul Layoo, argued that the trial judge had concentrated on the aggravating circumstances without adequately considering the mitigating factors.
Layoo told the court that Okwera was 32 years old at the time, a first offender and a father of six children. He had also expressed remorse and willingness to reconcile with the deceased’s family.
The lawyer asked the court to set aside the sentence and impose a more appropriate punishment.
However, Chief State Attorney Aliwali Kizito, holding brief for Chief State Attorney Sharifa Nalwanga, opposed the appeal, arguing that the 30-year sentence was lawful and appropriate given the seriousness of the offence.
In its judgment, the Court of Appeal noted that an appellate court may interfere with a sentence where it is illegal, manifestly excessive or inadequate, or where the trial court failed to consider a material factor or made an error in principle.
The justices observed that Justice Mutonyi had considered Okwera’s age but had also taken into account the circumstances in which the murder was committed.
They noted that Okwera pursued Kinyera, who did not want to fight, and struck him on the head with a piece of wood despite attempts to caution him.
The court further observed that the deceased had a young family whose lives were affected by his death.
The justices held that the aggravating circumstances outweighed the mitigating factors and that the trial judge was not required to expressly mention every mitigating factor in her sentencing decision.
On the period Okwera spent on remand, the court noted that the trial judge had indicated that it was taken into account when imposing the 30-year sentence. The justices held that the sentence was lawful under the legal position applicable at the time it was imposed.
The Court of Appeal dismissed the appeal, leaving Okwera to continue serving his 30-year prison sentence.