Soldier who killed three women acquitted

Feb 17, 2015

THE army court of appeal ruled on Friday that Rwakihembo acted in the heat of passion and that any reasonable person faced with similar circumstances would have reacted in the same way

By Pascal Kwesiga

A UPDF soldier who killed three women including his domestic partner in Luzira, a Kampala suburb, has been set free by the appeal court of the army.

He shot dead Irene Nakibirango and her friends – Zaina Nassolo and Loyce Kawendeke on December 10, 2012 at Kisenyi zone III in Luzira in Nakawa division.

He also shot at Ali Bavawala, a man he accused of having an affair with Nakibirango, but he survived.

Rwakihembo started seeing Nakibirango in 2011 when he was deployed at a military police detach near Kiseeka market in the city. Nakibirango was reportedly selling airtime cards near the detach by then.

Rwakihembo rented a house for Nakibirango in Nansana, a Kampala suburb, before he left for Somalia in 2011 to serve under the African Union Mission in Somalia (AMISOM).

Nakibirango informed Rwakihembo that she was pregnant with his child and he returned to Uganda after she had given birth to see the baby.

The soldier left her with his Automated Teller Machine (ATM) card to withdraw money to buy land and set up a piggery project in Mukono district when he returned to Somalia.

Rwakihembo set up a hair salon and a boutique for Nakibirango in Luzira upon return from Somalia after the UPDF battle group under which he was deployed in Somalia was replaced by another.

However, Nakibirango failed to account for sh13m she withdrew to buy land and establish the piggery project. She also reportedly told Rwakihembo that he was not the father of the baby.

On the fateful day, Rwakihembo said he found Bavawala sleeping with Nakibirango in a room he was renting for her near the hair salon.

He stated that Nassolo and Kawendeke were in a beauty hair saloon while she (Nakibirango) and Bavawala had sex.

Rwakihembo also narrated that he was insulted by Nakibirango, Nassolo, Kawendeke and Bavawala when he complained about Nakibirango’s behaviour. He went back to Luzira barracks to which he was attached, picked a gun, returned and killed the three women.

The Bombo division court martial sentenced him to 30 years for manslaughter and five years for attempting to kill Bavawala in January 2013.

The General Court Martial reduced the sentence to 15 years after Rwakihembo appealed against the sentence last year. He also appealed against the sentence of the General Court Martial in the army court of appeal.

The army court of appeal chairman, Elly Turyamubona, ruled on Friday that Rwakihembo acted in the heat of passion and that any reasonable person faced with similar circumstances would have reacted in the same way.

He reduced the sentence from 15 years to three years for each of the three counts of manslaughter to run concurrently. Turyamubona then set Rwakihembo free, saying the period he has been in jail is enough.

However, he will not be readmitted into the army because under the UPDF Act any sentence of two years and beyond includes dismissal from the defense forces with disgrace.