The Court of Appeal in Kampala has maintained the 22 year jail sentence handed to a boda boda rider who infected a S.4 student with HIV/ AIDS.

The High Court in Mpigi in 2021 convicted and sentenced Hassan Kayanja to 21 year imprisonment on charges of aggravated defilement contrary to section 129 (3) & (4) (a) of the Penal Code Act.

The facts of the case are that between 2017 and March 2018 at Buyinja village in Mpigi District, Kayanja, a boda boda rider was involved in a sexual relationship with a 15 year old senior four student at Uganda Martyrs in Buwama.

Kayanja lured the student into a relationship that led her to escape from her home and stay with him during which period,  the two engaged in sexual acts.

Upon a search and recovery of the girl, she was medically examined and found to have contracted HIV.

Upon arrest and medical examination, the boda boda rider was also found to be HIV positive.

Having been handed a 22 year jail sentence, Kayanja appealed against the sentence that he said was harsh.

However, in their ruling, three justices of the Court of Appeal including Cheborion Barishaki, Hellen Obura and Eva Luswata ruled that the sentence was neither harsh, nor was it excessive.

“We note that the sentencing range in the above similar cases where the appellants were HIV positive is between 21-25 years’ imprisonment. We therefore find the sentence of 22years and 1 month’s imprisonment imposed on the appellant is within the sentencing range and it is lenient in the circumstances of this case where the appellant infected the victim with HlV,” the trio ruled.

They said that in the circumstances, they cant interfere with the sentence imposed by the trial judge.

“ ln the premises, we uphold both the conviction and sentence of the lower court and we accordingly dismiss this appeal.”