KAMPALA – The Court of Appeal has reduced the prison sentence of a man convicted of aggravated defilement of a nine-year-old girl from 18 years to 15 years, two months and 19 days after ruling that the period he spent on remand had not been properly deducted from his sentence.
In a judgment delivered on October 30, 2026, a panel of three justices – Geoffrey Kiryabwire, Ketrah Katunguka and Cornelia Kakooza Sabiiti – held that the failure to make an arithmetical deduction of the time spent on remand violated the constitutional requirement that courts take such periods into account when sentencing convicted persons.
The appellant, Kigere Robert, had challenged the 18-year sentence imposed by the High Court in Mukono on October 1, 2019, after he pleaded guilty to aggravated defilement, contrary to sections 129(3) and 129(4)(b) of the Penal Code Act.
According to the facts contained in the plea-bargaining agreement, Kigere committed the offence on December 7, 2016, at Kiyunga Village in Mukono District, where he had sexual intercourse with a nine-year-old girl.
Following his arrest on the same day, he remained in custody until October 1, 2019, when he entered into a plea-bargaining agreement, was convicted and sentenced to 18 years’ imprisonment.
Dissatisfied with the sentence, Kigere appealed, arguing that the trial judge, Margaret Mutonyi, had failed to adequately consider his mitigation, including his status as a first-time offender, his guilty plea and the fact that he had saved court time by admitting the offence.
His lawyer, Albert Mooli, also challenged the validity of the plea-bargaining process, claiming that Kigere had been pressured and intimidated into signing the agreement without fully understanding its consequences.
However, the prosecution, represented by Chief State Attorney Fatinah Nakafeero, opposed the appeal, maintaining that Kigere had voluntarily entered into the agreement with the assistance of his lawyer.
The prosecution further argued that the 18-year sentence was neither illegal nor excessive, given the seriousness of the offence and the young age of the victim.
In dismissing the challenge to the conviction, the Court of Appeal found that the trial judge had explained the plea-bargaining agreement to Kigere and that he had confirmed his understanding and voluntary acceptance of its terms.
The justices also rejected claims that he had been coerced, noting that the allegations were raised on appeal without supporting evidence.
However, the court found fault with the manner in which the trial court had accounted for the period Kigere spent on remand.
The justices established that Kigere had spent two years, nine months and 11 days in custody between his arrest on December 7, 2016, and his conviction on October 1, 2019.
Although the High Court had indicated that the 18-year sentence included the period spent on remand, the Court of Appeal found that the time had not been arithmetically deducted as required by the Supreme Court decision in Rwabugande Moses versus Uganda.
The justices emphasised that the Constitution requires courts to take into account the period an accused person spends on remand and make an actual deduction when imposing a custodial sentence.
Consequently, the court exercised its powers under Section 11 of the Judicature Act to resentence Kigere, maintaining the original 18-year term agreed upon under the plea bargain but deducting the two years, nine months and 11 days spent in custody.
The court arrived at a remaining sentence of 15 years, two months and 19 days, which it ordered should run from October 1, 2019, the date of his conviction.
In reaching its decision, the court also referred to previous aggravated defilement cases, including Kidega Sabino alias Agongo versus Uganda, where a sentence of 30 years was reduced to 27 years, and Robert Kiiza versus Uganda, where a 30-year sentence was reduced to 25 years.
The Court of Appeal upheld Kigere’s conviction but allowed the appeal on the sentencing issue, ruling that he should serve the reduced prison term calculated from the date of his conviction.
