Brian Bagyenda has been sentenced to 32 years in jail
for killing his girlfriend Enid Twijukye in January 2016.
Bagyenda, a pharmacist and son of the Director General of Internal Security Organisation (ISO), Col Frank Kaka Bagyenda, was on Monday convicted of murder by Justice Moses Kazibwe of the High Court in Kampala alongside his accomplices Innocent Bainomugisha, a-24-year-old cleaner and Vincent Rwahwire, a 28-year-old casual worker.
Justice Kazibwe, among other things, said that Bagyenda was of sound mind when he killed his then 22-year-old girlfriend.
According to him, this was evidenced when Bagyenda sent his maid to Kalerwe market, which is more distant from his home instead of Luzira, to buy him a bottle of soda before he increased the volume of the music system and drew down curtains to prevent anyone from seeing what was happening in the house.
further noted that the evidence given by prosecution witnesses was enough to
pin Bainomugisha and Rwahwire for murder.
He said that it was clear the two participated in the gruesome murder since they did not report the crime to police after they were paid by Bagyenda.
He convicted them before adjourning court proceedings
for about an hour.
When court resumed, the prosecution side led by Ms Joan Keko and Mr Joseph Kyomuhendo, in their mitigating factors, asked court for a death penalty given the nature of the crime.
noted that Twijukye, a university student at the time, had a bright future
ahead of her.
They further argued that police records indicated that there were thousands of homicide cases and therefore, the convicts deserved no mercy from court to send a signal to other would be offenders.
However, Bagyenda’s lawyer, Mr Allan Sserulika contended that the murder cases referred to by prosecution had not been committed by his client and therefore, he deserved a lenient sentence since he was a first-time offender and had a mental illness at the time of the offence.
After weighing evidence from both
sides and listening to the mitigating factors, the judge reasoned that
prosecution had given enough evidence to show that Bagyenda had premeditated to
kill his girlfriend from Januray 3, 2016.
According to the judge, disagreements in love relationships are a common occurrence and should not be reason for ending one’s life.
“Life is sacred to be taken in non-legal circumstances. The deceased was a young person responsible for assisting her family and had a future ahead but all these were cut short by the inconsiderate and criminal behaviors of the convicts,” he said before adding that Bainomugisha and Rwahwire could have avoided participation in committing murder.
“They are not are not robots to be
ordered contrary to the submission of their lawyer who insisted that they acted
under the command of A1 (Bagyenda). But I do not find this to be rare of the
rarest cases meriting the death sentence. A custodial sentence is fitting in
the circumstances considering all the mitigating factors,” Justice Kazibwe said
before sentencing them to 32 years each.
Since they had been on remand for three years, the judge said their remand period would be reduced from their sentence of 32 years.
“However, they can appeal within 14 days from the date of judgment,” Justice Kazibwe said.