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Niyonzima Valenzi the released convict
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By Edson Kinene
The Court of Appeal in Mbarara has overturned the conviction of Niyonzima Valenzi, more than 13 years after he was sentenced to 20 years in prison by the High Court. Niyonzima had been convicted on July 20, 2011, for the murder of Nahonishira, following a quarrel between the two. According to the case, Nahonishira had gone to inform a neighbor, Kabandana, about the dispute when Niyonzima allegedly followed her. As neighbors attempted to intervene, they reportedly heard Nahonishira exclaim, "Niyonzima and Kenenzio, you have shot me." They found her with an arrow in her chest, and she died instantly.
The High Court Judge, Basheija Andrew, sentenced Niyonzima to 20 years in prison after he pleaded guilty to the charge of murder. However, Niyonzima, through his lawyer Ninsiima Caroline, appealed the sentence on two key grounds.
Firstly, Ninsiima argued that the trial judge had erred in law by convicting Niyonzima of murder based on a plea of guilty without following the legally established procedure for recording such a plea, resulting in a miscarriage of justice. Secondly, it was argued that the trial judge failed to consider the time Niyonzima had already spent on remand, leading to an illegal sentence.
In their judgment, a panel of three justices—Luswata Eva, Kihika Oscar, and Asa Mugenyi—addressed these concerns. They noted, "It remains the duty of the court to ensure strict compliance with section 60, and we expect the court to have recorded the language used in court that day and preferably whether an interpreter was present in court or not. As a result, we have no reason to consider whether the trial judge handed out an illegal sentence, and accordingly, we shall not make any finding on the second ground."
Hon Justice Oscar Kihika and Hon Lady Justice Eva Luswata that hearing the criminal appeals at the Court Of Appeal sitting in Mbarara
The panel further deliberated on whether to order a retrial or continue with the prosecution of Niyonzima. They noted that he had been in state custody for 13 years, one month, and 18 days since his initial arraignment before a magistrate on July 26, 2011. Given the lengthy delay, they concluded that sending the case back to the High Court for a retrial, without a definite date for its conclusion, would be an "atrocity of justice."
"We do not for one moment downplay the gravity of the offense to which the appellant pleaded guilty. However, we cannot ignore the fact that he had no hand in the mistakes during his trial, and it has taken quite a long time for those mistakes to be reversed. We are therefore prepared to consider what his counsel prayed, that a retrial would be an injustice," the panel stated.
Consequently, the panel declined to order a retrial and instead ordered the immediate release of Niyonzima, who was present in court and visibly excited by the decision.
"We accordingly order that the appellant is discharged and shall cease to serve his term in prison. We order his immediate release unless he is serving a term for other offenses," the panel concluded.
