Nebanda death: Ruling on Kalungi appeal out today

By Michael Odeng & Clare Muhindo

KAMPALA - Adam Suleiman Kalungi, the man sentenced to four years in prison over the death of Butaleja woman MP Cerinah Nebanda, will know the fate of his appeal against the conviction and sentence later today.

He and his co-convict Ali Omar Alimuzahim will appear at the High Court on Friday where the verdict will be delivered in the morning.

Justice Lameck Mukasa will preside over the ruling.

Kalungi, through his lawyers – M/S Ochieng, Harimwomugasho and Co-Advocates – filed a memorandum of appeal on May 14 – challenging the magistrate’s court judgment.

Said to be fallen MP Nebanda’s boyfriend at the time of her death, Kalungi has sought a court order to have his conviction and sentence of manslaughter quashed, saying prosecution erred in law and facts when it failed to evaluate the evidence and properly construe the law in respect to manslaughter.

“Failure to do this made the magistrate arrive at the wrong conclusion in finding the appellant guilty of manslaughter by omission which caused a miscarriage of justice,” he said. 

He also wants court to sentence him to a caution if it fails to acquit him, saying his punishment was harsh. 

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MP Cerinah Nebanda was very active in Parliament. Her death in December 2012 sparked off a lot of controversy. PHOTO/Rogers Okwany

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In October last year, Deogratius Muheebwe displayed before court some of the evidence the police had recovered from Adam Kalungi’s home. PHOTO/Tony Rujuta

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Government Forensic Specialist Andrew Mubiru displayed exhibits at Makindye Court in March 2013. PHOTO/Wilfred Sanya
 

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On Friday, Kalungi is set to know the fate of his appeal at the Anti-corruption Court in Kampala. PHOTO/Abu Mwesigwa

Kalungi was sentenced to four years in Luzira prison early this year for negligently causing the death of Nebanda.

His co-accused Omar was sentenced to one year in jail over possession of drugs by Makindye court chief magistrate Esta Nambayo.

Prosecution insists that the convict in December 2012 unlawfully caused the death of the legislator in Buziga, Makindye Division in Kampala.

He was charged alongside Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt and Fatuma Babu who were later acquitted.

A medical officer Emmanuel Kizza Lwakataka – a former employee with People’s Hope Clinical Centre in Kansanga – confessed in court that he hesitantly administered restricted drugs to Nebanda at the time of her controversial death.

During the defense hearing, Kalungi told court he was forced by the police to confess that he administered drugs to her, leading to the MP' death.

 Kalungi on January 8, 2013 first pleaded guilty to the charges of manslaughter and later on denied after being advised by his lawyers.

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