The General Court Martial (GCM) in Kampala – A Congolese Allied Democratic Forces (ADF) rebel has been sentenced to 30 years in prison. Hussein Musana Yakut, 22, hailing from Maberenga Camp in the Ituri Province of the Democratic Republic of Congo (DRC), was convicted alongside Abdul Swaibu Kafeero, 33, an ADF rebel residing in Kalamba village, Butambala district.
Also involved in the case was Mahad Nyonyintono, a 16-year-old minor from Naigaza Village, Bumanya sub-county in Kaliro district. Under the law, Nyonyintono, being below 18 years old, is considered a minor according to the Constitution and Section 2 of the Children Act.
The charges against the trio, which include treason under Sections 129 (a) of the UPDF Act, 2005, carry a maximum penalty of death. Despite this, the court considered factors such as their recruitment into the ADF, their status as first-time offenders, and their expressions of remorse.
Brig. Gen. Robert Freeman Mugabe, chairperson of the GCM, emphasized that while the maximum penalty could have been applied, a 30-year imprisonment was deemed appropriate given the circumstances. He noted the mitigating factors, including the minor’s age and the defendants’ expressions of remorse.
Considering the time spent in remand and other mitigating factors, Musana and Kafeero were sentenced to 28 years in prison. However, due to Nyonyintono’s status as a minor, the court ordered their remand at Naguru Remand Home. The file was recommended to be transferred to the Family and Children Court for further action.
The defendants were informed of their right to appeal the court’s decision within 14 days if they disagreed with the ruling. The case was prosecuted by the Army Director of Prosecutions, with the defence represented by Captain Simon Nsubuga Busagwa.
The prosecution outlined that Musana, Kafeero, and Nyonyintono had engaged in recruiting, training, and participating in ADF activities, including acts of war against the Government of Uganda, between October 2021 and January 2023 at the Maberenga ADF camp in Ituri Province, DRC.
