The Supreme Court has mandated the transfer of Ashraf Jayden, a former police officer convicted of murdering prominent Kampala businessman Eriya Bugembe Ssebunya, known as Kasiwukira, from Kasese prison to Luzira Upper Prison. This transfer aims to facilitate Jayden's ability to appeal his 22-year prison sentence.
Kasiwukira met a tragic end on October 17, 2014, when he was struck by a speeding vehicle while jogging near his home in Muyenga, a suburb of Kampala. In 2016, High Court Judge Wilson Masalu Musene convicted Jayden and Sandra Nakungu, a cousin of Kasiwukira's wife, Sarah Nabikolo, of conspiring and executing the murder. The prosecution presented compelling evidence, including video footage, which showed Jayden's prior failed attempts to kill Kasiwukira. It was further established that Nakungu owned the vehicle used in the fatal incident. Both Jayden and Nakungu received 20-year sentences in Luzira Prison.
However, Kasiwukira's widow, Sarah Nabikolo, was acquitted due to a lack of direct evidence linking her to the murder plot. Although state witness Richard Byamukama accused Nabikolo of financing the attack, her name did not appear in the video footage. Consequently, despite an appeal from the Director of Public Prosecutions, Nabikolo's acquittal was upheld.
Unsatisfied with their convictions, Jayden and Nakungu appealed to the Court of Appeal, which maintained the original judgment. Persisting in their quest for justice, they took their case to the Supreme Court. They argued that the charges against them were defective and that they were denied the opportunity to present their witnesses, thereby violating their constitutional right to a fair trial.
On Wednesday, the Supreme Court held a pre-trial hearing for Jayden's appeal, which was among 15 criminal cases scheduled for review. The proceedings were conducted via Zoom, allowing Jayden, who is currently incarcerated in Kasese prison, and Nakungu, who is serving her sentence at Luzira Women's Prison, to participate remotely. The court appointed state-sponsored lawyer Andrew Ssebugwawo to represent them.
The Supreme Court has set deadlines for the submission of written arguments, which will be reviewed by a panel of five justices. This transfer to Luzira Upper Prison is crucial in ensuring Jayden's rights are adequately represented and that he has a fair opportunity to challenge his sentence.
This case highlights the complexities and challenges within the judicial system, especially concerning high-profile murder cases. It underscores the importance of ensuring fair trials and the proper representation of defendants, irrespective of the crime they are accused of committing. The transfer of Jayden to Luzira Upper Prison signifies a critical step in upholding these principles of justice, providing him the necessary means to appeal his conviction and sentence.
