Court of Appeal Orders Release of Mukono Aggravated Robbery Convict

The Court of Appeal in Kampala has ordered the immediate release of Musa Nsubuga after overturning his 20-year sentence for aggravated robbery, ruling that he was a minor at the time of the offence. A panel of three justices—Geoffrey Kiryabwire, Ketrah Kitariisibwa Katunguka, and Cornelia Kakooza Sabiiti—partially allowed Nsubuga’s appeal, setting aside the sentence imposed by the High Court.

The case stems from a 2017 aggravated robbery in Kigombya Village, Mukono District, where a businesswoman, Juliet Nakawuma, was attacked at gunpoint by assailants dressed in police uniforms. The robbers stole six million shillings in cash and other property. Nsubuga was arrested and, in 2022, convicted by the High Court under Justice David Batema, receiving a 20-year sentence, with 4 years and 6 months deducted for time served on remand.

Through his lawyer, Henry Kunya, Nsubuga argued on appeal that he was 16 years old when the offence occurred and therefore protected under the Children Act. The appellate court agreed, noting that the trial judge failed to properly evaluate a birth certificate proving Nsubuga’s age, and that the prosecution did not dispute its authenticity.

“In the absence of any contradicting evidence, we have come to the conclusion that the appellant/Nsubuga was a minor aged 16 years at the time the offence was committed,” the court held. Under the Children Act, the maximum sentence for a child convicted of an offence punishable by death, such as aggravated robbery, is three years. 

By April 2022, Nsubuga had already spent more than four years on remand—exceeding the lawful maximum—making the High Court sentence illegal. While the Court of Appeal upheld the conviction, it ruled that the unlawful sentence required intervention. “The appeal partially succeeds. The sentence is set aside, and the appellant/Nsubuga shall be released unless held on other lawful charges,” the court stated.

By the time of the ruling, Nsubuga had spent roughly eight years in prison. The justices also dismissed claims that Nsubuga was denied an interpreter, noting that proceedings were conducted in Luganda and that he had legal representation throughout the trial.