Makindye General Court martial has set free Corporal Isaac Sensamba, a UPDF soldier who was sentenced to 2 years imprisonment by the Disciplinary Court in Somalia after convicting him of acting with violence against his superior by pointing a gun at him.
The prosecution accused Sensamba, a soldier from Battle Group 15 in Somalia of pointing a gun at the Investigating Officer Captain Rogers Arinaitwe while on duty in Somalia on 30th December 2015.
Sensamba, who has been serving his sentence in Kigo Prison appealed to Makindye General Court Martial on grounds that the trial court erred when it failed to put into consideration the mitigating factors as required by the law; and at the same time failed to represent Captain Arinaitwe who was the key witness in the case.
In his ruling, Court Martial Chairman Lt Gen Andrew Gutti pointed out that it was wrong for the trial court to sentence the appellant – a first offender with a clean 7 year record – to a harsh two year jail term.
The chairman added that the trial court ignored the appellant’s defense where he revealed that he didn’t intend to point a gun to his superior but was guarding himself from being assaulted by Captain Arinaitwe using a stick.
He also blamed prosecution for failing to bring Captain Arinaitwe in court, yet they couldn’t explain why he failed to show up.
“Having been convinced by the grounds of this appeal, this court withdraws the sentence and sets aside the conviction and thus sets the appellant free,” Ruled Gutti.
An excited Sesamba couldn’t comment as he hurried back to Kigo Prison to collect his belongings.