By Our Reporter
The 32 Turkana herders who were each sentenced to 20 years in jail for illegal possession of firearms and ammunition by the UPDF 3rd division court martial in Moroto have been set free.
In April 2023, the 3rd Division court martial sitting in Moroto presided over by Colonel Bernard Arinaitwe Tuhame sent the 32 herders to jail after they pleaded guilty to the charges.
On each of the two counts the group was sentenced to 10 years respectively and they were to run concurrently. However, they appealed the punishment before the General Court Martial in Makindye, Kampala.
Among their grounds of appeal that were raised by their lawyer Mr Soita Jessy, the herders challenged the jurisdiction of the court trying them yet they are civilians, holding a trial, conviction and sentencing minors to 10 years on each count in a prison designated for adults thus occasioning a miscarriage of justice.
They had also faulted the court for holding a trial, convicting and sentencing them yet they are Kenyan nationals without following the legal procedure thus arriving at a wrong decision.
Now the Makindye-based General Court Martial has set free all the 32 Turkana pastoralists after cancelling their 20-year imprisonment.
The army court presided over by Brig Gen Freeman Mugabe held that upon perusal of the record of proceedings, the court agreed with both counsels for the plaintiffs and defendant that there were procedural irregularities that affected the entire trial process even though the appellants pleaded guilty.
Although the prosecution led by Lt. Col. Raphael Mugisha had conceded to the grounds of the appeal, he asked the court for a retrial which the court declined to order.
