The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Court of Appeal has upheld the 20-year jail sentence imposed on Martin Bagyenyi for defiling a nine-year-old girl. Justices Richard Buteera, Christopher Gashirabake, and Oscar Kihika found no merit in Bagyenyi’s appeal and have consequently rejected it.The court heard that on August 23, 2010, Merenia Kebitera sent her daughter to fetch water from a communal well near the farm where Bagyenyi was working. Bagyenyi waylaid the victim and sexually abused her, threatening her not to disclose the incident or face harm.
The victim remained silent about the ordeal until three days later when her mother noticed her walking with difficulty and emitting a foul smell. Her elder son interrogated KP, who narrated the incident, leading to Bagyenyi’s arrest and subsequent charges of aggravated defilement. Bagyenyi denied the charges, but after a full trial, he was convicted and sentenced to 20 years in prison by the then Rukungiri High Court Judge Joseph Murangira, who has since retired from the Judiciary.
Dissatisfied with the sentence, Bagyenyi challenged it in 2013 before the Court of Appeal, arguing that the trial judge erred in law and fact by passing a manifestly harsh and excessive sentence without due consideration of the time spent on remand and the mitigating factors, resulting in a miscarriage of justice.
The Prosecution countered Bagyenyi’s appeal, contending that he received a fair and lenient sentence, considering he was convicted of aggravated defilement, which carries a maximum death sentence. In their decision, the Court of Appeal Justices, Buteera, Gashirabake, and Kihika, agreed with the Prosecution that the sentence was lenient and saw no reason to interfere with it.
“The above authorities and many more confirm that the appellant/Bagyenyi was given a lenient sentence. It cannot be said that the sentence was harsh, excessive, or unusual. We find no reason to interfere with that sentence and hereby reject this contention,” stated the Justices. The Court of Appeal ruled that the learned trial Judge was not at fault for not deducting the period Bagyenyi spent on remand.
“It was sufficient for him to state that he had considered the period the appellant spent on remand. We accordingly find no merit in the appeal and dismiss it accordingly. The appellant shall continue to serve his sentence,” added the Justices. Under the Penal Code Act, aggravated defilement carries a maximum sentence of death.
The police annual crime report released in March this year showed that in 2022, over 8,960 cases of defilement were reported to police countrywide, compared to 10,653 cases reported in 2021.
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