The former commander of the Lord’s Resistance Army (LRA), Thomas Kwoyelo has survived the punishment of death after court handing him a punishment of 25 years in jail.
Three judges of the International Crimes Division of the High Court, sitting in Gulu City, convicted Kwoyelo on August 13, 2024 after finding him guilty of 44 counts of war crimes and crimes against humanity, including murder, kidnap and pillaging, in a landmark case.
The judges, Duncan Gaswaga, Michael Elubu, Stephen Mubiru and Andrew Bashaija, in summary of their ruling held that Kwoyelo was convicted of atrocity crimes which are serious violations of the International Humanitarian Law and Human Rights Law capable of attracting the same sentence sufficiently severe to deter potential perpetrators from committing such acts.
However the judges declined to hand Kwoyelo a death sentence although the law calls for it.
“Although the law provides for a death sentence, and some of the offences for which the convict is convicted attract a death sentence, it has been excluded in this case for the following reasons; exceedingly long time spent on remand by the convict, broad transitional justice goal of reconciliation enunciated in the Amnesty Act and the Geneva Conventions Act which states that the steepest sentence, which is given for offences involving willful killing, is life imprisonment,” the judges held.
Court also excluded the punishment of life imprisonment reasoning that it is reserved for offences of the most extreme gravity or brutality, with little or no possibility of reform.
“In cases of this nature it appears to be reserved for those who bear the greatest responsibility. The convict does not fall in this category. This sentence also excludes the possibility of rehabilitation, reconciliation and reform of the convict and concentrates on punishment, retribution and deterrence. The court noted that there is no evidence led to show that the convict is a continuing danger to society or the community,” the judges ruled.
Kwoyelo’s 15-year custody period was deducted from the 40-year sentence for murder charges. The sentence runs concurrently, and he has 14 days to appeal against his convictions or sentence.
The judges also held that given the circumstances of the case, court will conduct separate proceedings addressing the claim for reparations.
Court further directed the victims counsel to file a formal application and serve the prosecution, Attorney General and defence as respondents on November 8 and they (respondents) serve their replies by November 22, rejoinder and any person wishing to join the proceedings by November 29.
This case marks a significant moment in Uganda’s judicial system, as Kwoyelo is the first LRA commander to be tried by a Ugandan court. He had denied all 78 charges brought against him .
