The Court of Appeal has upheld a 50-year jail sentence that was handed to a man convicted of murdering his brother.
Unhappy with the decision, he challenged the conviction and his sentence, saying the trial judge failed to properly evaluate the evidence before convicting him and that the sentence was harsh.
On January 14, 2014, Justice Rugadya Atwooki found Mr. Sperito Ssemaganda guilty of murdering his brother Lozio Kayizzi and ordered him to spend 50 years in prison.
However, three justices led by Deputy Chief Justice Richard Buteera have ruled that his appeal lacked merit and upheld both his conviction and sentence.
“From the record, the accused persons not only stabbed the victim, resulting in the intestines coming out of his body, but went ahead to cut the said intestines, which is ruthless in the extreme,” Justice Buteera added.
They further ruled that the trial Judge did not violate any sentencing principles and ordered Ssemaganda to serve his jail term.
However, Ssemaganda and another were indicted for murder, tried and convicted by the High Court sitting in Luweero, and sentenced to 50 years in prison. According to court documents, on March 28, 2011, while at Maya village in Luwero district, with malice aforethought, the duo murdered Lozio Kayizzi.
The prosecution states that Kayizzi went missing when he spent the night away from his home before the search was launched on March 28, 2011.
Later that morning, a traditional healer reported to police that two men (appellants) were in his shrine for spiritual cleansing after killing Kayizzi Lozio, who had been ‘bewitching them’.
In conclusion, It is said that the deceased’s family members observed a pool of blood on the roadside, about 100 meters from their home, and followed the trail. It is alleged that they discovered Kayizzi’s body about 7 meters from the road.
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