The Court of Appeal in Uganda has reduced the prison sentence of Kigere Robert, a man convicted of aggravated defilement of a nine-year-old girl, from 18 years to 15 years, two months, and 19 days. The court ruled that the period Kigere spent on remand had not been properly deducted from his sentence. A panel of three justices delivered the judgment on October 30, 2026.
According to the facts of the case, Kigere committed the offence on December 7, 2016, at Kiyunga Village in Mukono District. He had sexual intercourse with a nine-year-old girl. Following his arrest on the same day, he remained in custody until October 1, 2019, when he entered into a plea-bargaining agreement, was convicted, and sentenced to 18 years’ imprisonment.
Kigere appealed the 18-year sentence, arguing that the trial judge, Margaret Mutonyi, had failed to adequately consider his mitigation. His lawyer, Albert Mooli, also challenged the validity of the plea-bargaining process, claiming that Kigere had been pressured and intimidated into signing the agreement without fully understanding its consequences.
The prosecution, represented by Chief State Attorney Fatinah Nakafeero, opposed the appeal, maintaining that Kigere had voluntarily entered into the agreement with the assistance of his lawyer. The prosecution further argued that the 18-year sentence was neither illegal nor excessive, given the seriousness of the offence and the young age of the victim.
The Court of Appeal found that the trial judge had explained the plea-bargaining agreement to Kigere and that he had confirmed his understanding and voluntary acceptance of its terms. However, the court found fault with the manner in which the trial court had accounted for the period Kigere spent on remand. The justices established that Kigere had spent two years, nine months, and 11 days in custody.
The Court of Appeal exercised its powers under Section 11 of the Judicature Act to resentence Kigere, maintaining the original 18-year term agreed upon under the plea bargain but deducting the two years, nine months, and 11 days spent in custody. The court arrived at a remaining sentence of 15 years, two months, and 19 days, which it ordered should run from October 1, 2019.
The Court of Appeal upheld Kigere’s conviction but allowed the appeal on the sentencing issue, ruling that he should serve the reduced prison term calculated from the date of his conviction. The justices also referred to previous aggravated defilement cases, including Kidega Sabino alias Agongo versus Uganda and Robert Kiiza versus Uganda.
Key points
- The Court of Appeal reduced Kigere Robert's sentence from 18 years to 15 years, two months, and 19 days.
- The court ruled that the period Kigere spent on remand had not been properly deducted from his sentence.
- Kigere was convicted of aggravated defilement of a nine-year-old girl on December 7, 2016.
