The Court of Appeal has quashed the life imprisonment term that was handed to Tabliq leader Sheikh Muhammad Yunus Kamoga and his co-accused.
In August 2017, a panel of three-judge Judges of the International Crimes Division of the High Court led by Ezekiel Muhanguzi, Jane Kiggundu and Percy Tuhaise, sentenced Sheikh Kamoga and five others to life imprisonment in jail on charges of terrorism and murder of prominent Muslim clerics in Uganda.
Kamoga was convicted along with Sheikh Siraje Kawooya, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Sheikh Abdu Salaam Ssekayanja and Sheikh Yusuf Kakande.
Sheikh Siraje Kawooya, Sheikh Murta Mudde Bukenya, Fahad Kalungi, and Kamoga were sentenced to life imprisonment while Yusuf Kakande and Abdul Salam Sekayanja were sentenced to 30 year.
Prosecution averred that between December 2014 and June 2015, the accused conspired with others to murder Sheikh Mustafa Bahiga and Sheikh Hassan Kirya, and also attempted to attack Prince Kassim Nakibinge, Haruna Jjemba, Swidiq Ndaula, Haji Ssonko and Mahmoud Kibate.
Upon sentencing them, the Sheikhs through their lawyers petitioned the court of appeal protesting the lower court’s decision. In tandem Kamoga applied for bail however his applications were blocked due to the nature of the offences which he allegedly committed.
In a court ruling made by a panel of three Justices of the Court of Appeal led by Chief Justice Alfonse Owiny Dollo, delivered by the Court registrar Mary Bibirya, prosecution had no evidence pinning Kamoga and his co-accused.
“Prosecution had not proved this case beyond a reasonable doubt because acts of terrorism must have an ingredient of indiscriminateness in them which they have not found in this case.” They ruled
“Prosecution failed to avail witnesses who participated in the meetings which led to the gruesome gun down of the Sheikh Mustafa Bahiga and Sheikh Hassan Kirya and attempt on Prince Kassim Nakibinge life,” reads in part of the ruling.
