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The Supreme Court upheld the Court of Appeal's decision, ruling that Ronald Bagira and Umaru Bossi would serve 33 and 35 years, respectively, in Luzira Prison for the killing of Ahmed Matovu
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By Michael Odeng
Two men have been sentenced to a combined 68 years in prison for the murder of a 15-year-old boy, whom they accused of stealing a shirt.
The Supreme Court upheld the Court of Appeal's decision, ruling that Ronald Bagira and Umaru Bossi would serve 33 and 35 years, respectively, in Luzira Prison for the killing of Ahmed Matovu.
The justices of the Supreme Court—Prof. Lillian Tibatemwa-Ekirikubinza, Percy Tuhaise, Stephen Musota, and Catherine Bamugemereire—dismissed the duo’s appeal, finding it lacked merit.
“We find no merit in this appeal, and it is accordingly dismissed. Consequently, the appellants' respective sentences, as imposed by the Court of Appeal, are upheld,” Justice Tibatemwa-Ekirikubinza stated in the ruling dated November 20, 2024. The justices affirmed that the sentences were proportional to the offence and did not violate the appellants’ constitutional right to equality before the law.
Sentencing and legal arguments
The Supreme Court noted that the Court of Appeal had appropriately weighed mitigating factors in favor of the appellants against the aggravating circumstances of the crime and the prescribed sentencing range for murder.
The appellants argued that their sentences were inconsistent with prior precedents, rendering them unlawful. However, the Supreme Court countered that preventing unjustifiable sentencing disparities is essential for the proper exercise of judicial discretion.
“Consistency in sentencing is fundamental to the principle of equality before the law, as enshrined in Article 21(1) of the Constitution. Courts may refer to prior sentencing decisions as a guide but must adjudicate each case based on its unique merits,” the justices stated.
Case background
On June 3, 2001, Matovu left his home to fetch firewood for boiling water. He was confronted by the appellants, who accused him of stealing Bossi's shirt. They took Matovu to their residence, where they tied him with banana fibers, assaulted him with an iron bar and a panga, and tortured him by placing red pepper in his mouth and eyes. Matovu managed to crawl out of the house, severely injured and bleeding, and identified the appellants as his attackers to several witnesses. He was taken to the hospital but succumbed to his injuries. The appellants were indicted and convicted of murder. On April 23, 2004, Justice Paul Mugamba (now a Supreme Court judge) sentenced both men to death.
Legal journey
The appellants appealed to the Court of Appeal, challenging both their conviction and sentences. Following the 2006 landmark ruling in Suzan Kigula and 417 Others, which abolished the mandatory death penalty, their sentences were remitted to the High Court for mitigation. Justice Joseph Murangira subsequently sentenced each of them to 37 years in prison. Dissatisfied, Bagira and Bossi petitioned the Court of Appeal, which reduced their sentences to 33 and 35 years, respectively. Their latest appeal to the Supreme Court has now been dismissed, leaving the Court of Appeal's ruling intact.
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