32 Kenyan teenagers, apprehended by Ugandan police officers in Moroto District for possessing firearms without valid certificates, have been released by a martial court on Thursday, April 25.
According to a report by Daily Monitor, the teenagers were found in possession of 28 Sub-Machine Gun rifles and 801 rounds of ammunition, typically reserved for military use.
The teenagers, who were captured at Lokiryaout village and subsequently detained, claimed they acted in self-defence during a raid on their cattle by assailants suspected to be Jie warriors from Kotido District.
Despite their assertions, the teenagers were charged and sentenced to serve 20 years each for illegal possession of firearms and ammunition.
Following the appeal, Brigadier General Court Freeman Mugabe of the General Court Martial ruled that there were irregularities in the first ruling, considering the suspects were minors and had not attained 18 years.
"The trial court considered all the accused as adults whereas medical examination reports indicate that they were below 18 years. The trial court's sentence is hereby set aside," he ruled.
"In the premises, this court finds merit in the appeal and finds that a retrial of the appellants will cause them an injustice. This court further finds that considering the one year and thirteen days the appellants spent in lawful custody and the period they spent serving the illegal sentence, there is no need for a retrial."
In the first ruling in April 2023, the Kenyans appeared before the Army Court sitting in the Third Division in Moroto which was presided over by Colonel Bernard Arinaitwe Tuhame whereby the suspects pleaded guilty to the charges of illegal possession of firearms and ammunition.
As a result, they were sentenced to serve a 10-year jail term on both counts, amounting to 20 years each.
Colonel Tuhame directed that the sentence ought to serve as a lesson to those in possession of illegal firearms.
"Many people have lost their lives and property, including the security personnel yet you did not make any effort to surrender the said guns, being aware of the government's call," he directed.
The decision was, however, appealed by lawyer Soita Jessy who argued that the sentence was harsh and designated for adults and in this case, the suspects were below 18 years.
The lawyer also argued that the court's decision was purely based on the prosecution's evidence and did not consider arguments from both parties.
