Five get life sentence for murder of South Sudanese at Arua Park

Kampala, Uganda | THE INDEPENDENT  | Five people have been handed life imprisonment by the High Court in Kampala for their involvement in the murder of Abdallah and Ibrahim Bakhit, former managers of Juba City Hotel in Arua Park, Kampala Central Division, approximately five years ago.

The convicted individuals include Jacob Chothembo, a former employee of the private security firm Saracen, Innocent Gumisiriza, a driver, Deus Kanyomozi, Abdul Karim Kabano, and Daniel Namara, all businessmen. Additionally, Nicholas Mugisha, a salesman, has been sentenced to 32 years in prison, with a net sentence of 27 years after considering time served on remand.

The court proceedings presided over by Justice Stephen Mubiru, concluded on Wednesday afternoon, with the convicts found guilty on two counts of murder, aggravated robbery, and one count of attempted murder. During the trial, the evidence presented by the prosecution indicated that the six convicts used a firearm to murder the two South Sudanese victims and rob them of UGX 1,865,000 and US$3,400 (equivalent to UGX 14.5 million) on August 15, 2018, at Arua Park, Ben Kiwanuka Street, Kampala.

They also attempted to cause the death of Robert Owachigiu on the same day. Mugisha, an employee at the hotel, suggested the robbery plan, revealing that the manager kept a significant amount of money and gold in his hotel room. The group convened at a restaurant in Kisenyi to discuss and plan the robbery and subsequent murders.

Kabano arranged hotel accommodations, and the convicts conducted two days of surveillance at the hotel before executing the crime, which took place at 4 am. The court was convinced by the prosecution’s evidence, identifying Nelson Oribitunga, a former security guard with Saracen Security, as the individual responsible for the fatal shooting. Oribitunga used the firearm to coerce the manager into handing over the keys to the safe where the money was stored.

The victims suffered fatal gunshot wounds. In his sentencing, Justice Mubiru stated that he would have imposed the death penalty if the convicts had been direct perpetrators of the aggravated robbery and murders. ” But the direct perpetrator survived the death penalty because he pleaded guilty. The rest of you were convicted as accessories. Therefore, the death penalty is inappropriate,” said Mubiru.

Considering the danger, they pose to society and their potential for rehabilitation, Justice Mubiru determined that life imprisonment was the appropriate punishment. He differentiated between those present at the scene and those who were not, deeming those present to be more dangerous. He also highlighted the dangerous contributions of Kabano and Mugisha, who provided the murder weapon and key access to the victims, respectively.

“I consider those who were present at the scene to be a danger to society compared to those who were not present. I have also considered the contribution of those who were not at the scene,” said Mubiru. Consequently, the five convicts will spend the rest of their natural lives in prison. The court took into account both mitigating and aggravating factors raised by State Attorney Jacquelyn Okui during the trial.

Regarding Mugisha, who was 18 years old at the time of the offense and is now 23, the judge ruled that he was the least culpable. However, due to the loss of two lives, theft, and attempted murder, a 32-year jail term was deemed appropriate. The judge subtracted the time spent on remand, resulting in a net sentence of 27 years and 3 months.

For the charge of aggravated robbery, all the accused individuals received a 10-year imprisonment sentence. The judge specified that all sentences would run concurrently. The possibility of reducing the convicts’ sentences through remission can be considered after they have served at least 15 years in prison, in accordance with Section 47 of the Uganda Prisons Services Act of 2006.

Justice Mubiru informed the convicts of their right to appeal the sentences within 14 days if they are dissatisfied. Despite the severity of the sentences, the convicts displayed little emotion upon hearing the verdict, in contrast to other cases where tears are often shed. The convicts were returned to Luzira Prison to commence their prolonged stay behind bars, serving the remainder of their natural lives.

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