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Court holds woman and lover over child neglect

By Michael Onyinge

Added 13th February 2017 11:12 AM

The Resident State Attorney of Kaberamaido, Moses Atoe told court that on 04/02/2017 in Ogongora village Kakure Sub County in Kaberamaido district, Betty Abiro and Moses Enginyu acted in rash and negligent manner that led to three children getting burnt to death.

Court holds woman and lover over child neglect

Photo by Michael Onyinge

The Resident State Attorney of Kaberamaido, Moses Atoe told court that on 04/02/2017 in Ogongora village Kakure Sub County in Kaberamaido district, Betty Abiro and Moses Enginyu acted in rash and negligent manner that led to three children getting burnt to death.

A woman whose three children got burnt in Ogongora village Kakure Sub County in Kaberamaido on 04/02/2017 has been sentenced to one year's imprisonment after pleading guilty to three counts of negligence.

The Resident State Attorney of Kaberamaido, Moses Atoe told court that on 04/02/2017 in Ogongora village Kakure Sub County in Kaberamaido district, Betty Abiro and Moses Enginyu acted in rash and negligent manner that led to three children getting burnt to death.

He told court that after serving supper to the children, "Abiro decided to leave the young children to go and meet her boy or man friend".

In the process of one of them, Allan Odongo trying to look for a bed sheet, the house caught fire and the three children died the inferno.

Atoe said this was contrary to section 227 of the Penal Code Act (PCA) of Uganda.

Section 227 of the Penal Code Act states that, "Any person who by any rash or negligent act not amounting to manslaughter causes the death of another person is liable to imprisonment for a term not less than seven years or to a fine not exceeding seventy thousand shillings or to both such imprisonment and fine".

Count one was that Abiro and Enginyu were accused of having acted in negligent manner that led to the death of Bennah Aselo.

Count two was that the two acted in a negligent manner that led to the death of Moses Enginyu while count three was that the negligent acts of the two accused led to the death of Esther Abonyo.

When the presiding magistrate grade one of Kaberamaido magistrates' court, Nause Tumuhimbise asked the two to enter plea for the three counts that were read in english and translated for them in Kumam language, Abiro pleaded guilty while Enginyu denied the allegations.

 "I have three children who have been staying with their aunt but they have now remained at home alone. I request to be given a chance to go and look after them. I also beg for forgiveness since it is not me who burnt the house but one of the children", Abiro pleaded to the court.

Atoe asked court not to consider the aspect of a fine since three children had died and will never be seen again.

He requested court to have a deterrent punishment to Abiro that will also serve as a lesson to other women to stop being negligent with their children.

Having listened to both sides; from the prosecution and the accused, Tumuhimbise said Abiro was a first offender who has had no previous criminal record.

She also said that she did not want Abiro to stay in jail for so long since she needed to get back and attend to the three children that had remained  alone without anybody providing or caring for them.

Being a widow is one of the things that court would have considered while delivering the judgment.

As such, Tumuhimbise convicted Abiro to a year's imprisonment for the three counts that will be running concurrently.

Meanwhile, Abiro's man friend who pleaded not guilty was remanded till 24/02/2017 when he will re appear in court for further hearing.            

 

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