Farmer Charged for Unlawful Use of Army Uniform in Kampala

A 21-year-old farmer from Kansanga, Kampala district, has pleaded guilty to unlawfully wearing military uniforms. Robert Tahakanisibwa admitted to the charge on Tuesday before the General Court Martial (GCM) chaired by Brig. Gen. Robert Freeman Mugabe.

Tahakanisibwa, a peasant, was charged under Section 162 (1) (a) of the UPDF Act, Cap 330, which carries a maximum sentence of five years imprisonment upon conviction. The prosecution, led by Captain Alex Rasto Mukhwana, alleged that on June 22, 2024, around 4:00 PM, Tahakanisibwa was found at the Bunga-Soya checkpoint along Ggaba Road in Kampala district. He was wearing a full UPDF digital camouflage uniform with Savanah green army boots, both of which are designated as Defence stores.

The court has adjourned the case to July 29, 2024, for the state to present brief facts. Tahakanisibwa is represented by lawyers Captain Simon Nsubuga Busagwa, Lt Resty Mutebi Nagane, and Lt Daniel Kagombe.

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The legal proceedings will determine the appropriate punishment for Tahakanisibwa, who now awaits the court’s final decision.

In related court news, a Uganda People’s Defence Forces (UPDF) soldier, previously sentenced to 47 years in prison for murder, has had his sentence reduced to 25 years. The reduction was announced by the General Court Martial (GCM) on July 22, 2024.

Corporal Avellinus Arinawe, identified by his military number RA/212467, was originally convicted by the Division Court Martial of Special Forces Command (DCM of SFC) on October 16, 2019. The conviction stemmed from an incident on April 3, 2019, at Nakasero State Lodge in Kampala, where Arinawe was found guilty of strangling Corporal Peter Nuwahereza to death.

Under Ugandan law, murder is punishable by the death penalty or a lengthy prison term as outlined in Sections 188 and 189 of the Penal Code Act, Cap 120. Arinawe’s case was initially sentenced to 47 years in prison.

Dissatisfied with the original verdict, Arinawe appealed to the GCM, chaired by Brig. Gen. Robert Freeman Mugabe. His lawyer, Elizabeth Nyasingwa, argued on six grounds, including claims of trial errors, inadequate representation, and a lack of proper legal process. Nyasingwa contended that the trial court failed to establish all elements of murder and did not properly account for the time Arinawe had already spent in custody.

In response, the prosecution, led by Captain Alex Rasto Mukhwana, argued that the 47-year sentence was not overly harsh. However, they agreed that the failure to account for time served on remand made the sentence incorrect and sought correction from the court. Mukhwana rejected the provocation claim, asserting that it did not justify the severity of the crime.

Upon reviewing the case, Gen. Mugabe determined that the evidence was more consistent with manslaughter rather than murder. As a result, the original conviction was overturned. The GCM found Arinawe guilty of manslaughter under Sections 187 and 190 of the Penal Code Act and imposed a 25-year prison term.

Gen. Mugabe also ordered the deduction of four years, four months, and 18 days spent on remand, along with eleven months and four days of an illegal sentence. Consequently, Arinawe’s effective prison term is 19 years, seven months, and 12 days. The court also informed Arinawe of his right to appeal the decision within fourteen days if he chose to do so.

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Another court case involving three officials from Kaliro district local government, accused of embezzling and laundering Sh5.8 billion, is set to resume on July 24.

The accused are Godfrey Mutome, the chief finance officer; John Wabirwe, an accountant; and Rebecca Kwagala, the human resource manager. They face serious charges including money laundering and causing financial loss.

Mutome, Wabirwe, and Kwagala are charged with embezzlement under Section 19 of the Anti-Corruption Act 2009, money laundering under Sections 3(b) and 136(1)(a) of the Money Laundering Act 2013, and causing financial loss under Section 20 of the Anti-Corruption Act 2009. Kwagala faces charges specifically related to causing financial loss.

Justice Lawrence Gidudu, from the Anti-Corruption Court in Nakasero, Kampala, will oversee the case. Last month, the judge scheduled the next hearing for July 24.

According to the prosecution, between October 2014 and July 2022, Mutome and Wabirwe, while serving as chief finance officer and accountant respectively, are alleged to have stolen Sh5.8 billion from Kaliro district local government. They reportedly masked the stolen funds as loan deductions from Kaliro Civil Servants’ Sacco.

Further allegations state that Mutome and Wabirwe laundered Sh5 billion by transferring it from the local government account to the Sacco, falsely presenting it as a loan while knowing it was illicit funds.

Kwagala, in her role as Human Resource manager, is accused of fraudulently generating invoices and creating a fake account to siphon Sh4.4 billion from the district’s funds, fully aware that this would result in a substantial financial loss.

All three accused deny the charges and are currently out on bail.

According to Ugandan law, embezzlement is punishable by up to 14 years in prison or a fine of Sh6.7 million. Money laundering convictions can result in up to 15 years imprisonment or a fine not exceeding Sh2 billion. Causing financial loss also carries a penalty of up to 14 years in prison or a fine of Sh6.7 million.

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