Thomas Kwoyelo sentenced to 40 years in jail

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The International Crimes Division of the High Court of Uganda, sitting at the Gulu High Court Circuit in Gulu City, sentenced former Lord’s Resistance Army commander Thomas Kwoyelo to 40 years' imprisonment on Friday.

However, the 15 years he spent on remand were deducted from the 40-year jail term, leaving him with 25 years to serve in prison effective October 25, 2024.

“The requirements of the totality principle will be met adequately by all the sentences here running concurrently,” Justice Michael Ebulu, said, adding that the convict has 14 days within which he can appeal against his conviction, sentence, or both.

Elubu on reparations order

Ebulu also added that the court shall conduct separate proceedings addressing the claims for reparations.

He directed the victims’ counsels to make a formal application to which the Attorney General shall be joined as a party.

The International Crimes Division of the High Court of Uganda has sentenced former Lord’s Resistance Army commander Thomas Kwoyelo to 40 years' imprisonment. (Photo by Jesse Johnson James)

“The victim shall file and serve the application by November 8, 2024, and the application shall be served on the prosecution, the Attorney General, and the defence,” Elubu directed adding that, “the respondents shall file and serve their replies by November 22, 2024, while any rejoinder shall be filed and served by November 29, 2024.”

According to him, “any other person wishing to join the proceedings shall file and serve their applications by November 29, 2024, and the court shall make further directives at a status conference on a date yet to be determined.”

Kwoyelo to appeal

Kwoyelo’s lawyer Caleb Alaka said they will appeal against the conviction and sentencing and that they will submit a formal notice of appeal within the stipulated period.

What Kwoyelo's victims say

Richard Kirom, one of the victims who lost property during the attack on Pagal Internally Displaced Person’s Camp said the jail term given to Kwoyelo is meagre compared to the damages caused to his victims.

Grace Adong, who was abducted at the age of nine could not hold back her tears as she expressed disappointment.

Grace Adong, who was abducted at the age of nine could not hold back her tears as she expressed disappointment. (Photo by Jesse Johnson James)

“I feel like court has done very little to deliver justice to us the victims who were abducted at tender ages, and forced to marry older men while in captivity,” she said while sobbing.

How court determined the jail terms

Duncan Gaswaga, one of the judges in this case revealed that although the law provides for a death sentence and some of the offenses for which the convict is convicted attract a death sentence, it has been excluded in this case.

This according to him, is because of the exceedingly long time spent on remand by the convict, the broad transitional justice goal of reconciliation enunciated in the Amnesty Act and the Geneva Conventions Act.

Gaswaga also added that the court in determining the appropriate sentence considered the principle of totality and that the overall sentence reflects all of the offending behaviour regarding overall harm and culpability, the aggravating factors and mitigating factors relating to the offences and those personal to the offender as well as what would be a just and proportionate sentence in the circumstances.

Aggravating and mitigating factors 

During the submission of the aggravating and mitigating statements on October 14, 2024, the prosecution asked the court to sentence the convict to life imprisonment for the offences of murder and kidnapping with the intent to commit murder, which he was found guilty of.

Prosecution also proposed a jail term of between 30 and 50 years for the offences of rape, torture, cruel treatment, and imprisonment, as well as a 15-year jail term for the offence of pillaging. All to be served consecutively.

The defence, however, prayed to the court that the 15 years the convict spent in jail on remand be deemed as constituting a sufficient jail term for all the offences he was found guilty of.

On his part, the convict acknowledged his wrongdoings and pleaded with the judges for mercy.