Editor
The Court of Appeal in Kabale District has affirmed the 32-year sentence imposed on Emmanuel Benywanira, who was found guilty of defiling a 3-year-old girl, a relative, and infecting her with HIV/AIDS.
Initially sentenced to 35 years on April 13th, 2019, by Kabale High Court Justice Moses Kawumi Kazibwe, Benywanira, despite pleading guilty, had 2 years and 6 months deducted for time served, resulting in a final sentence of 32 years and 5 months.
Expressing dissatisfaction with the severity of the punishment, Benywanira appealed, arguing that it was excessive and constituted a miscarriage of justice given the circumstances.
However, a panel of three justices, namely Muzamiru Kibeedi, Christopher Gashirabake, and Oscar Kihika, ruled that Benywanira’s claims lacked merit. They dismissed the appeal, asserting that the 32-year imprisonment term was appropriate considering the gravity of the offense.
The Court of Appeal rejected Benywanira’s argument, highlighting the severe and life-threatening injuries inflicted on the young victim. Beyond defiling the child, Benywanira also transmitted HIV/AIDS to her. Consequently, the panel upheld the original sentence, mandating Benywanira to serve the full 32 years in prison.
The justices acknowledged the severity of the offense but noted that the trial judge had displayed leniency by choosing a 32-year prison term over the maximum penalty of death. They emphasized that the judge had taken into account the period Benywanira spent on remand, finding no fault in his decision.
