Court to hear death sentence appeal
Mar 20, 2008
THE hearing of the appeal, in which over 400 condemned inmates are seeking to quash the death sentence, has been set for May 22.
By Hillary Nsambu
THE hearing of the appeal, in which over 400 condemned inmates are seeking to quash the death sentence, has been set for May 22.
The Constitutional Court maintained the death penalty, saying it was constitutional and the hanging was a lawful means of carrying out the sentence.
However, it annulled the mandatory death sentence as unconstitutional.
At least 417 inmates led by Susan Kigula, condemned for murder, challenged the constitutionality of the death penalty, saying it was cruel, inhuman and degrading and asked the court to abolish it
The Attorney General also cross-appealed the inmates' appeal, saying he was not satisfied with the June 2005 ruling in which the Constitutional Court upheld the death sentence.
The court ruled that the inmates, who may have been on death row for over three years, could seek a redress including a revision of their sentence.
The court added that the redress would be postponed for two years to enable the President to exercise his prerogative of mercy under the Constitution.
The court, with a 3-2 majority judgment, also declared that the death sentence was no longer mandatory, but it would be in the discretion of the trial judge depending on the circumstances of the case.
The inmates, who are represented by Katende, Ssempebwa & Co. Advocates, insisting that the death sentence should be abolished.
THE hearing of the appeal, in which over 400 condemned inmates are seeking to quash the death sentence, has been set for May 22.
The Constitutional Court maintained the death penalty, saying it was constitutional and the hanging was a lawful means of carrying out the sentence.
However, it annulled the mandatory death sentence as unconstitutional.
At least 417 inmates led by Susan Kigula, condemned for murder, challenged the constitutionality of the death penalty, saying it was cruel, inhuman and degrading and asked the court to abolish it
The Attorney General also cross-appealed the inmates' appeal, saying he was not satisfied with the June 2005 ruling in which the Constitutional Court upheld the death sentence.
The court ruled that the inmates, who may have been on death row for over three years, could seek a redress including a revision of their sentence.
The court added that the redress would be postponed for two years to enable the President to exercise his prerogative of mercy under the Constitution.
The court, with a 3-2 majority judgment, also declared that the death sentence was no longer mandatory, but it would be in the discretion of the trial judge depending on the circumstances of the case.
The inmates, who are represented by Katende, Ssempebwa & Co. Advocates, insisting that the death sentence should be abolished.