The Court of Appeal in Kampala has freed a man who had earlier been sentenced to 18-year imprisonment for killing his wife.
Robert Kawuli was in 2013 convicted of man slaughter by the High Court in Mbale after pleading guilty to killing his wife, Lukia Nankoma.
In an incident that happened in 2011 at Kapyani village in Kibuku district, Kawuli followed his wife from the garden and cut her with a panga on the neck, killing her instantly.
Residents arrested him but he escaped and reported himself to police.
He was later charged with manslaughter, convicted on his plea of guilty and sentenced to I 8 years’ imprisonment.
However, Kawuli appealed against the sentence that he said was harsh and excessive which he also said occasioned miscarriage of justice.
On Monday, three justices of the Court of Appeal including Fredrick Egonda Ntende, Christopher Gashirabake and Oscar Kihika said the trial judge failed to consider that Kawuli was a youthful offender, only 21 years old then but also disregarded the fact that he was remorseful by stating that he mentioned it late.
“Obviously, remorsefulness can only come after the event and not before. We are satisfied that the leamed trial judge failed to consider mitigating factors he ought to have considered. We are therefore obliged to interfere with the sentence imposed on the appellant,” the trio said.
The judges therefore ruled that the appropriate sentence in this case would be eight years’ imprisonment and consequently deducted the period of two years and four months he had spent on remand.
The court therefore sentenced him to a term of five years and eight months’ imprisonment to be served from April, 2013 which was the date of conviction.
“ As the appellant has already served the period of the sentence imposed we order his immediate release”
