Kitatta's sentence reduced to three years
Aug 07, 2020
In his ruling delivered today, the court Chairman, Elly Turyamubona ruled that the sentence imposed on Kitatta and his bodyguard was harsh, excessive and amounted to injustice.
COURT|CRIME
The Court Martial Appeal Court (CMAC) has reduced former Boda Boda 2010 patron, Abdallar Kitatta's jail sentence from 10 to three years.
On May 14, last year, Kitatta and his bodyguard, Sowali Ngobi, were sentenced to 10 years in prison after the General Court Martial (GCM) found them guilty of possessing firearms and ammunition illegally.
In his ruling delivered today, the court Chairman, Elly Turyamubona ruled that the sentence imposed on Kitatta and his bodyguard was harsh, excessive and amounted to injustice.
"We set aside the maximum sentence of ten years imposed on each of the appellants on each count and we find a sentence of 3-years' imprisonment on each count for each appellant appropriate in the circumstances of this case," Turyamubona ruled.
He reduced Kitatta's sentence to 3 years, deducting the time already spent since conviction, remaining with 1year, 8months and 6 days.
Turyamubona noted that there was no evidence that the convicts endangered somebody's life by mere possession of firearms. I therefore, order that the golden-coated pistol be returned to the state.
"We have also noticed that there was no order made as to the disposal of the exhibits. We therefore order that the golden coated pistol and 55 rounds of live ammunitions be forfeited or returned to the state," Turyamubona ordered.
Last year, General Court Martial Chairman Lt. Gen. Andrew Gutti convicted Kitatta and Ngobi basing on the evidence of four prosecution witnesses.
The prosecution witnesses, who included Pte Richard Kasaija, Cpl Richard Wanyama, Maj. David Agaba and Cpl Alex Baguma, all testified that they arrested Kitatta from Vine Tea hotel in Wakaliga with a gold-coated pistol, SMG rifle and 55 rounds of ammunition on January 20, 2018.
However, the duo who have spent over a year in prison appealed the ten years' sentence contending that GCM erred in law and fact when it irregularly convicted him in respect of firearms by relying on weak prosecution evidence, thereby occasioning an injustice.