MBALE– The Court of Appeal sitting in Mbale has ordered for the immediate release of Walunyofu Michael, 31 , a death row convict who has been in Prison for 15 years.
His release has followed a successful appeal which he filed as a result of dissatisfaction about both conviction and the sentence which was handed to him by the High Court. ( That the learned Judge erred in law and in fact when he failed to have regard to the appellant’s mitigation and sentenced the appellant to death, a sentence that was illegal, unduly harsh and manifestly excessive in the circumstances thereby occasioning a miscarriage of justice.)
It was alleged that the appellant on the 9th day of November 2009 at Bumwalye village in Mbale District murdered his 55 year old grandmother, Mrs Wambi Jane Gimbo. The cause of death was head injuries sustained as a result of an attack with a metal bar. The prosecution evidence was that after the attack the appellant ran out of the house, at which point the deceased was still alive “breathing but not talking”.
The appellant was apprehended the following today. According to his evidence, he was 16 years old at the time of trial (making him 15 years old at the time of the offence). However, a Court directed examination found him “to be of the apparent age of 20 years
The trial judge in his findings stated that the Prosecution had proved the case of murder beyond reasonable doubt and thus sentenced Walunyofu to suffer death.
In their decision , the justices of Appeal noted that the time of sentencing, the appealant was a juvenile (16 years old) who on conviction of any offense would have served a period not exceding 3 years in prison. But in this case he has already served more than the maximum sentence.
“This is the judgment of this court, this appeal is allowed, sentence against the appellant is quashed, we direct immediate liberation of the appellant unless he is being held on any other lawful charge. We shall provide our reasons for this decision on Notice.” Ruled court
Immediately after this court ruling, Her Worship Lilian Bucyana , the Deputy Registrar in charge of Court of Appeal issued a release order which was served to the Officer in Charge of Mbale main Prison to have the appellant released unless when he has other pending charges against him.
Walunyofu was seen around the court premises jubilating with his lawyer Geoffrey Turyamusima.
