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Hon Justice Richard Buteera Deputy Chief Justice, Resident Judge Mbarara High Court Joyce Kavuma and Judge of Mbarara High Court Allan Nshimye presiding over the cases
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By Our Reporter
The Court of Appeal has overturned the 50-year prison sentence given to Tinkibyetaho Godi, who was convicted of two counts of murder. The three-day Court of Appeal session in Mbarara was presided over by Justices Eva Luswata, Oscar Kihika, and Asa Mugenyi. The court is currently hearing 25 criminal appeals.
On the first day, the three Justices overturned Tinkibyetaho's aggregate 50-year imprisonment sentence for the two murders. Tinkibyetaho was initially sentenced in 2011 by Justice Kwesiga J. Wilson and had already served 13 years of his 50-year sentence.
He was found guilty of murdering Tumwekwase Rosemary and Tukahirwa Immaculate. According to court records, on July 7, 2009, in Rwakakungu village, Kiruhura district, Tinkibyetaho, who was cohabiting with Tumwekwase, attended a party with Tukahirwa at the residence of one Muhumuza. They returned home late at night, which led Tinkibyetaho to reprimand Tumwekwase, accusing her of flirting with men at the party. The argument escalated when he demanded that both women refund the money he had spent on buying tailoring materials and sponsoring Tukahirwa’s tailoring course.
The quarrel seemed to end as the household went to sleep. However, around midnight, Tinkibyetaho went outside, retrieved an axe, and entered the sitting room where the second deceased and the children were sleeping. He woke Tukahirwa, demanded she refund his money, and when she said she didn't have it, he slapped her. Tukahirwa ran into her mother's bedroom, but Tinkibyetaho followed and struck both women in the head with the axe, killing them. He then extinguished the candle and left the house.
The next morning, Tinkibyetaho returned and instructed one of the deceased’s children to inform the Local Council Chairperson that her mother and sister were dead. He then left the house again.
Justice Kwesiga, satisfied with the evidence, convicted Tinkibyetaho and sentenced him to 50 years for both counts.
State Attorneys attending the Court of Appeal
In his appeal, Tinkibyetaho argued that the sentence handed down by the trial judge was harsh and excessive, as it did not account for the time he had spent on remand.
The prosecution had requested the Court to dismiss the appeal on the grounds that it was filed out of time. The defense lawyer conceded that the appeal was filed late, explaining that Tinkibyetaho had filed it himself without legal knowledge and was assisted by prison officers. The defense argued that in the interest of justice, the appeal should be accepted and heard.
In their ruling, the Court acknowledged that Tinkibyetaho’s behavior after the crime was cruel but considered the time he had already spent on remand. As a result, they reduced his sentence.
Tinkibyetaho will now serve 19 years and 8 months, including the time he has already served since his initial conviction and sentencing by the High Court.
In another appeal, an appellant unsuccessfully sought to overturn a 22-year imprisonment sentence for the offense of aggravated defilement.
