Two repeat offenders convicted of murdering an unidentified boda boda rider in Kampala are going to spend a combined 150 years in prison after the High Court has sentenced them to an additional 80 years for the 2019 killing.
John Bosco Mugisha alias Kaihura also known as Mukiga and Aloysious Tamale alias Young Mulo have each been sentenced to serve 40 years in jail on charges of murder and aggravated robbery on each offense and the sentence is to run consecutively, which means a total of 80 years. This sentence was handed down by High Court Criminal Division Judge Alex Ajiji Mackay, who said that since they are already serving a 70-year prison sentences for previous similar crimes, there is need to remove them from the society in order to protect the public. As such, he said, an additional of 80 years to the already running 70 would be sufficient for them.
The latest sentences arise from the murder and aggravated robbery of an unidentified male boda boda rider on May 29, 2019, at Kanisa Zone in Makindye Division, Kampala. The prosecution led by Chief State Attorney Happiness Ainebyoona has told court that the two men lured the rider to an area near Makindye Primary School after asking him to transport them. Upon reaching the agreed location, Tamale allegedly struggled with the rider, causing him to fall, before Mugisha picked up a concrete block and struck him on the head.
The evidence before Court shows that the two men left the rider unconscious and fled on his red Bajaj Boxer motorcycle, registration number UEO. The deceased was later found lying in a pool of blood in a compound in Kanisa Zone. Police recovered a piece of concrete block at the scene, which was believed to have been used to kill him.
Attempts to establish the deceased’s identity were unsuccessful because he had no identification documents on him. He has therefore remained unidentified to date.
A postmortem examination established that the deceased had suffered severe injuries to the head, including lacerations to the scalp and nasal bridge and a fracture to the left parietal skull bone. The cause of death was established as brain injury resulting from blunt-force trauma.
The two convicts were arrested in July 2019 following police intelligence and a viral CCTV video footage linking them to the killing of the boda boda rider when they were strangling the deceased in what the criminals described as kabadia murder style.
According to the prosecution’s case, Mugisha recorded a charge and caution statement in which he implicated himself and Tamale in the robbery and killing. Tamale also reportedly made a statement confirming their involvement. The prosecution further relied on CCTV footage which showed the attack on the unidentified victim.
During the sentencing hearing, Chief State Attorney Ainebyoona asked the court to impose the death penalty, arguing that the convicts were dangerous repeat offenders who had shown no remorse throughout the trial.
Ainebyoona told court that each of the convicts had previously been convicted on three criminal charges of aggravated robbery and murder and sentenced by Justice Margaret Mutonyi to serve 70 years in prison.
She argued that their latest conviction demonstrated a pattern of violent criminal conduct and told court that police investigations had revealed that the two men were involved in the “business” of killing and robbing boda boda riders.
The State Attorney said motorcycle robberies were rampant and that many riders had lost their lives, motorcycles and other property, much of which are never recovered. She argued that the court needed to send a strong message to other would be offenders and protect society by imposing a harsh and deterrent sentence.
Ainebyoona also said the convicts had shown no remorse throughout the proceedings, instead repeatedly giving excuses and, at one point just like today they were refusing to proceed with the hearing in chambers.
She rejected the argument that their young age should attract leniency, saying it was at such an age that they should have worked hard and pursued lawful means of making a living. The Convicts committed the crimes when they were 24 years and to date, each is 30 years.
The prosecution therefore prayed for the death penalty, arguing that the offence attracts such a punishment, or alternatively asked the court to impose the harshest possible custodial sentence.
Prosecution said the sentence should serve as a warning to criminals targeting boda boda riders, who remain vulnerable to robbery and other violent attacks, while also reinforcing the need to protect members of the public from repeat offenders. Defence lawyer Richard Kumbuga opposed the death penalty, arguing that it was unconstitutional and asking the court to consider the period the convicts had already spent on remand. Kumbuga said the convicts were still young and could reform, citing the example of former convict Rwakasisi, who was pardoned by the President and later given a job.
He asked the court to sentence each convict to 15 years in prison, with the period spent on remand deducted from the sentence. “There is no mercy in the grave,” Kumbuga argued, asking the court to show the convicts leniency.
Tamale, in his own plea before sentencing, denied committing the murder in question and asked the court to give him a lenient sentence. He nevertheless asked that, if sentenced, his new punishment be ordered to run concurrently with the 70-year sentence he is already serving for a previous murder conviction which he said he knows he committed.
Tamale said this would enable him to complete the sentences at the same time. He also told court that he has a dream of becoming President of Uganda after completing his prison sentence. His dream made his fellow convict and everyone else in Court to laugh during proceedings.
Justice Ajiji, however, said the seriousness of the offence required a substantial custodial sentence. The judge noted that the murder was committed in 2019, a period when there were numerous cases of boda boda riders and women being murdered along the Entebbe Road and in other parts of Kampala.
Justice Ajiji said he agreed with the prosecution that the convicts had been hunted for long by police for robbery and murder of boda boda riders before their arrest. The judge also referred to the charge and caution statements and CCTV evidence presented before court, saying the evidence demonstrated the circumstances under which the unidentified victim was attacked and killed.
“This Court has a duty to give you a harsh sentence,” Justice Ajiji said. However, the judge declined to impose the death penalty, saying that, considering the 70-year sentences the convicts are already serving, a death sentence would not be necessary to ensure that they remain out of society for a very long period.
Justice Ajiji instead sentenced each of them to 40 years in prison for the latest offences, bringing the additional sentence to 80 years. The judge ordered the 40-year sentences to run consecutively with the existing 70-year sentences.
Justice Ajiji said that after deducting the six years, 11 months and 28 days each convict had spent on remand, they would effectively have 33 years and one day remaining to serve on the new sentence.
This means that each convict faces a total of about 143 years of imprisonment from the two sets of sentences, while collectively, the two men face 150 years in prison. The judge explained their right to appeal the decision. This means the Convicts who are right now aged 30 years will leave prison when they are 180 years-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
