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Egonu Rashid Alias Muswahili and Another v Uganda (Criminal Appeal 208 of 2011)

Court of Appeal · [2025] UGCA 421 · 2025 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against sentence only from a High Court conviction for aggravated robbery and murder
Decision
Appeal against sentence dismissed; concurrent sentences of 35 years (murder) and 30 years (aggravated robbery) and the compensation orders upheld.

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Holding

The Court of Appeal dismissed an appeal against sentence by two appellants convicted of aggravated robbery and murder. It held that the rule in Rwabugande Moses v Uganda requiring arithmetical deduction of remand time does not apply retrospectively to sentences passed before 3 March 2017; the trial judge, sentencing in 2011 under the Kizito Senkula regime, lawfully took the appellants' remand period into account without an arithmetical deduction. The concurrent sentences of 35 years for murder and 30 years for aggravated robbery fell within the range for those offences and were neither harsh nor excessive. The orders for victim compensation under article 126(2)(c) of the Constitution and section 125 of the Trial on Indictments Act were upheld.

Facts

On 2 January 2006 the appellants, using a gun, robbed Okiria Mathias of UGX 440,000, two mobile phones, two bicycles, a Panasonic radio and reading glasses. On the same date they murdered Iwo Francis at Okouba village. They were arrested and charged with aggravated robbery and murder. They pleaded not guilty but were convicted by the High Court at Soroti (Musota J) on 22 July 2011 and sentenced to 30 years' imprisonment for aggravated robbery and 35 years for murder, the sentences to run concurrently, with each convict ordered to compensate the victim in Count I and the family of the deceased victim in Count II with UGX 1,000,000 each. The appellants had spent about four and a half years on remand. Aged 36 and 28 at sentencing and found to be first offenders, they appealed against sentence only.

Issues

  1. Whether the trial judge imposed an unlawful sentence by failing to arithmetically deduct the period the appellants spent on remand.
  2. Whether the rule in Rwabugande Moses v Uganda requiring arithmetical deduction of remand time applies retrospectively to sentences passed before 3 March 2017.
  3. Whether the sentences of 30 years for aggravated robbery and 35 years for murder were manifestly harsh and excessive.
  4. Whether the trial court's orders for compensation of the victims should be interfered with.

Orders

  • Appeal dismissed for lack of merit.
  • Concurrent sentences of 30 years for aggravated robbery and 35 years for murder upheld.
  • Orders for compensation of UGX 1,000,000 to the victim in Count I and UGX 1,000,000 to the family of the victim in Count II upheld.

Key headnotes

Sentencing — Remand period — Retrospective application of Rwabugande Moses
The requirement in Rwabugande Moses v Uganda that a court arithmetically deduct the period spent on remand from the sentence does not operate retrospectively on sentences passed before that decision of 3 March 2017; for an earlier sentence it suffices that the court demonstrably took the remand period into account.
Sentencing — Appellate interference — Manifestly harsh or excessive sentence
An appellate court will not interfere with a trial court's sentencing discretion unless the trial judge acted on a wrong principle, overlooked a material factor, or the sentence is harsh and manifestly excessive having regard to the range of sentences imposed in comparable cases.
Victim compensation — Article 126(2)(c) of the Constitution and section 125 of the Trial on Indictments Act
On convicting an accused, the High Court may, in its discretion and in addition to any other lawful punishment, order the convict to pay fair and reasonable compensation to a person who has suffered material loss or personal injury in consequence of the offence.

Legislation cited (9)

  • Penal Code Act s.285
  • Penal Code Act s.286(2)
  • Penal Code Act s.188
  • Penal Code Act s.189
  • Constitution of Uganda article 23(8)
  • Constitution of Uganda article 126(2)(c)
  • Trial on Indictments Act Cap 25 s.125
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013
  • Judicature (Court of Appeal Rules) Directions rule 30(1)

Cases cited (19)

  • lVash imolo Paul Kbolo v Uganda, SCCA No. 46 of 2017
  • Adiga Johnson David v Uganda (Criminal Appeal No. 157 of 2010)
  • Mbunya Godfrey v Uganda (Criminal Appeal No. 4 of 2011)
  • Tumwesigye Anthony v Uganda (Criminal Appeal No. 46 of 2012)
  • Anywar Patrick v Uganda (Criminal Appeal No. 166 of 2009)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Abelle Asuman v Uganda (Criminal Appeal No. 66 of 2016)
  • Ssenyadda Charles Ssalongo and others v Uganda (Criminal Appeals Nos. 147 of 2019, 214 of 2020 and 221 of 2020)
  • Magero Patrick and another v Uganda (Criminal Appeal No. 76 of 2019)
  • Walimbwa v Uganda (Criminal Appeal No. 154 of 2016)
  • Attorney General v Susan Kigula [2009] UGSC 6
  • Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
  • Kizito Senkula v Uganda (Criminal Appeal No. 24 of 2001)
  • James v R (1950) 18 EACA 147
  • Sebunya Robert and Another v Uganda (Criminal Appeal No. 58 of 2016)
  • Kabuye Senyauvo vs. Uganda, SCCA 2 of 2002
  • Guloba Rogers v Uganda (Criminal Appeal No. 57 of 2021)
  • Budebo Kasto v Uganda (Criminal Appeal No. 94 of 2009)
  • Onyabo Bosco v Uganda [2017] UGSC 198
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.