By SAMMY LUTTA

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The General Court Martial at Makindye in Uganda on Wednesday set free 32 Kenyans who were jailed in April for illegal possession of firearms and ammunition.

The group had been jailed for 20 years for the crimes committed in the Karamoja sub-region of Uganda.

Setting them free, the Court Martial said there were procedural irregularities during the trial.

Brig-Gen Freeman Mugabe reversed a ruling by Col Bernard Arinaitwe at the 3rd Division Military Court Martial based in Moroto District where they appeared. The group had been arrested on April 8, 2023, during a cordon-and-search operation by Ugandan soldiers within Turkana Kraals at Lokiryaout village in Northern Uganda, where they had crossed into.

They were sentenced to 10 years each for the first count of jointly, illegally owning 28 firearms and 10 more years for possessing 801 ammunition without valid firearms certificates after pleading guilty.

Read: Ugandan military court jails 32 Kenyan herders for 20 years

In their appeal, they argued through Counsel Taremwa Darius, Soita Jessy, Atukunda Darius, and Okada Ivan that the trial court erred in the law and fact when they failed to follow the procedure in trying children offenders. It had been established that seven of them were aged below 18 years.

The trial court, they said, had also failed to accord the appellants a fair hearing, when it enhanced sentences to the maximum without considering the mitigation factors, and not evaluating the evidence properly.

The counsel for Uganda asked the court to order a retrial.

Brig-Gen Mugabe, after listening to both sides, said there were procedural irregularities that affected the entire trial process even though the accused persons pleaded guilty.

“The trial court considered that all the accused are adults whereas medical examination reports indicated that seven of the accused were below the age of 18 years. The sentence of the trial court is hereby set aside,” he ruled.

He said the court found merit in the appeal and also found out that a retrial of the accused would cause them an injustice.

“The court further finds that considering that the period of one year and 13 days that the accused spent in lawful custody and the period they spent serving the illegal sentence, there is no need for a retrial. The accused are hereby set free unless held on other lawful charges,” Brig-Gen Mugabe ruled.

Kenya’s Loima Member of Parliament Protus Akuja, who was among the leaders from Turkana to plead with the Ugandan authorities to release the herders was in Kampala last week to help process their release.

“We are happy and delighted by the Court Martial’s decision to set them free. The decision by the Appellant Court is a good gesture towards the spirit of East Africa cooperation and harmonious coexistence,” Mr Akuja said.

He added that there are other nine still serving sentences in Ugandan prisons and promised to seek their freedom after the fulfilment of Executive Order No.3 of 2023, which required the surrender of the killers of the Ugandan geologists and compensation to their families.

President Yoweri Museveni issued the executive order demanding that Kenya hand over the accused in the killing of the five Ugandans failure to which Kenyan herders would be banned from Uganda.

Mr Akuja, Turkana Governor Jeremiah Lomorukai, Senator James Lomenen and County Speaker Christopher Nakuleu reached out to Ugandan authorities to release the jailed herders and allow more than 30, 000 herders back to Uganda for pasture and water.

“In the next three months, President William Ruto and his Ugandan counterpart Yoweri Museveni will also meet over the issue and discuss more on how to have a lasting peace along the border of the two countries,” Prof Kindiki told journalists in Lodwar after meeting with leaders and security officials.

Read: Lawmaker pushes for release of Kenyans jailed in Uganda

Mr Akuja petitioned the Parliament seeking the intervention of the Ministry of Foreign and Diaspora Affairs for the repatriation of 41 Kenyans jailed in Uganda.

He blamed the Kenya government for ignoring its citizens in Uganda.

In one of the peace meetings between Turkana leaders and representatives from Uganda headed by State Minister for Energy and Mineral Development Peter Lokeris, Governor Lomorukai in January this year appealed to President Museveni to accept 250 cows as compensation for the killings.

Cows are considered a viable and acceptable way to restore the mutual relations between the border pastoral communities.