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Ugandan military court releases 32 Kenyans imprisoned for illegal firearm possession

Some UPDF soldiers and police display firearms recovered from the Turkana pastoralists during the August 8, 2023. (Handout)

By Mwangi Maina | 25 Apr 2024

The Kenyan nationals were apprehended in possession of 28 submachine guns and 801 rounds of ammunition in Moroto and sentenced in April last year.

A Ugandan military court has ordered the release of 32 Kenyan nationals who were previously sentenced to 20 years in prison for illegal possession of firearms and ammunition.

The decision by the General Court Martial (GCM) overturned an earlier ruling by a lower court, citing procedural irregularities during last year's trial.

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The GCM found that seven of the accused were minors aged below 18, who should not have been tried by a military court.

"This court finds merit in the appeal and determines that a retrial of the appellants would result in injustice," said GCM Chairman Brig. Gen. Robert Freeman Mugabe.

Considering the time spent in custody and serving the illegal sentence, the court ruled for the group's immediate release, without the need for a retrial.

The Kenyan nationals were apprehended in possession of 28 submachine guns and 801 rounds of ammunition in the northeastern Ugandan district of Moroto and sentenced in April last year.

Northeastern Uganda has faced challenges with armed cattle rustling, often involving Kenyan nationals.

The Ugandan army has been actively involved in disarmament efforts and confronting rustlers to pacify the region.

The 32 Kenyan nationals were tried under Ugandan law, specifically Section 119 of the UPDF Act, which subjects individuals found with weapons, ammunition, or equipment monopolized by the armed forces to military law and trial by a court martial.

This legal framework differed from that of Kenya, where such cases are not subject to military jurisdiction.

Under the East African Community Treaty, Uganda and Kenya have a mutual legal assistance framework, allowing for cooperation in matters of law enforcement and criminal justice.

However, there is ambiguity regarding whether this framework extends to prisoner exchange. While Ugandan authorities often arrest pastoralists and fishermen for trespassing, fines are typically imposed, and individuals are released.

Kenya's Ministry of Foreign Affairs and Diaspora Affairs has been in discussions with Ugandan counterparts in Kampala regarding the release of the detained group.

However, Uganda had reportedly demanded that the imprisoned individuals identify the perpetrators of the alleged crime before they can be released.

Diplomatic efforts have been escalated to the highest levels, with President William Ruto engaging in discussions with his Ugandan counterpart, President Yoweri Museveni.

Last October, during his confirmation hearing, George Orina, the current Kenyan ambassador to Ethiopia who was serving as the Director-General of the Foreign Ministry at the time, suggested that the most appropriate course of action would be to seek a pardon from the highest authority in Uganda to resolve this specific case.