Marriam Mwizza was enjoying her weekend in Ggaba on Friday in Late July 2021, when she received a strange call from a certain woman who only identified herself as Juliet.
The woman who was speaking while crying was seeking immediate intervention so that she gets Justice after her daughter had been nearly killed by a suspected rapist (now a convict).
“She was calling from the Elgon region, where I had partially intervened in several cases of domestic violence and human trafficking,” she said
Being in lockdown by then, Mwizza only issued guidance to a lady who later identified herself as Juliet Khainza the mother of the then 16-year-old Evelyn Namasopo who had been cut by Derrick Kuloba after she (Namasopo) turned down his sexual advances.
In part one of this series, we detailed to you how the entire incident happened to lead to the amputation of Namasopo’s left hand.
A few months after, following president Museveni’s lifting of lockdown on most of the sectors, Mwizza again received a fresh call from Khainza over the same issue, she has since done all her best until the culprit was sentenced.
Kuloba was Tuesday this week sentenced to 15 years imprisonment and fined Shs50m for the attempted murder of Namasopo by Justice Ether Nalunji at Bubulo Chief Magistrate’s Court in Manafwa.
“What a day this is! Justice has prevailed, my first complete victory in the Elgon region,” Excited Mwizza said shortly after the Court Hearing.
Recalling what she has passed through Mwizza said, “Finally! I can’t believe it but at last, God has made it for us, I have traveled to this region several times, and I have directly engaged in the search for this suspect whose people didn’t want to see, but at least we see Justice,”
Mwizza’s Interventions that led to Kuloba’s Sentencing
After the horrific incident on July 4, 2020, Namasopo’s mother ran to the police to open a Case File, unfortunately, the Bududa Central Police Station recorded a Defilement case reference CRB 361/2020 instead of attempted murder, Kuloba was arrested but later release released on a police bond.
“I advised Khainza who later filed a Complaint to Mbale Regional Police, which led to the summoning of the file from Bududa CPS, “and a new case of Attempted Murder was opened on Reference CRB 344/2020. Kuloba was re-arrested and produced in Mbale High Court on December 17, 2020, where he was once again released on a Court Bail,”
Since that day, Mwizza who was closely following the narrates that she was angered to see the Mbale High Court Judges have been without genuine reasons, postponing the Case hearing.
“It was in Mid-February when they told the family members that their Case had been referred to Manafwa Magistrate’s Court, at this point I traveled to Mbale to personally engage in Case follow-up,” she said
She spearheaded a press conference on March 23, where she condemned the manner through which the case was being handled, accusing the Police in Bududa and the Judges in Mbale of being the masterminds of this impunity.
Her plea was heard by different stakeholders including the Manafwa Resident Attorney, and State House Anticorruption led by the then Head Col Edith Nakalema who swung in action, leading to Kuloba’s rearrest.
Recalling the day the Case was brought back for hearing, Godfrey Wakasadha, the Manafwa Resident State Attorney said, “In fact I had just been given the File as big as you see it here and as a prosecutor, I requested for the postponement of the Case though it was not welcomed by my people later they realized and that’s why we have the victory,”
Mwizza also spearheaded the changing of the magistrate in the case since she was not comfortable with the one who was hearing it.
“By law, I am allowed to request and they were changed, this Case needed a sober, and balanced minded magistrate and Justice Nalunji was perfect and indeed she did what we expected from her,” she said
Conviction
Kuloba who had gone into hiding after being granted Bail again prolonged the bail after he dodged several Court hearings which prompted the Magistrate to issue an arrest warrant against him.
“We searched for Kuloba, and started by arresting the sureties, these were imprisoned as well ordered to pay Shs5m which was done,” she said adding “Court set June 17 as the date for giving its final ruling at this point, I did whatever it took to find Kuloba and indeed we arrested him as he was sneaking out of the country through Lwakhakha Border to Kenya,” she said
On Friday, June 17, the Court sat where Kuloba was brought and convicted pending sentencing,” she said
Sentencing
I am part of the journalists who attended Kuloba’s sentencing this week. Having followed this case from its genesis I was invited to attend its climax.
Monday at exactly 7 am, we set off to Mbale after we were told that the Case sentencing would be done that very afternoon. When we arrived, however, we were told that the case would be decided on Tuesday at 9 am and had to wait.
On Tuesday, we arrived at the Bubulo Chief Magistrate’s Court at 10 am, expecting that the Case will be heard at 11 am, only to be told that it was 3 pm.
At exactly 11 am, Kuloba was brought under maximum security,
“At this point, I could not give anything a chance, since morning I had not even had breakfast but I can tell you I didn’t bother to move any step from the Court premises,” Mwizza said
At exactly 3 pm, people started flocking the Court, and 12 minutes later Kuloba was brought and placed into the docket, Justice Nalunji asked Namasopo to speak her last words to her Honorable Court which she did by saying,
“The man you see opposite me is the reason why I am like this, my life will never be the same, my dreams were shuttered, I am discriminated in the society where I live, I request that this honorable Court give him a sentence he deserves,” she said
It was during this time that I learned that Kuloba has a wife at home who is pregnant.
“Based on different Articles in the Sentencing Guidelines and according to the Penal Code Act which prescribes 15 years for a person who has committed an act of attempted murder, I hereby sentence the convict to 15 years imprisonment,” Justice Nalunji said adding,
“Prosecution had requested that the victim be compensated with Shs100m based on the fact that she needs this money for further treatment, however basing if the fact that the convict is unemployed and married to a wife who is pregnant, I suggest that the convict pay Shs50m to the victim as the compensation because I am sure no amount of money can pay for what was inflicted on the victim,” she added.
Speaking to reporters shortly, Wakasadha welcomed the ruling saying,
“It has been ruled in our favor as we requested because we asked Court to give the Convict 15 years which it did and a sum of Shs100m fine where we were given a half,” he said
“Such cases help to restore hope in the Judicial system in Uganda and win public trust, we are ready if they Appeal, we shall go there and even pay them to pay more money,” he said
However, the Convict’s Council Nampa from Mutembuli Advocates said that they will Appeal since the Sentence was too harsh.
Speaking to reporters, Mwizza thanked each and every stakeholder who has played a vital role in this case.
“I want to thank the State House Anti-Corruption Unit, The Manafwa Resident State Attorney, Mbale Police, the entire media, and every stakeholder who have ensured that we come to the climax of this Case,” she said concluding,
“This is our Complete victory in the Elgon region and I want to assure you that we shall keep fighting and winning such cases until we fully rescue the suffering girl child in the region,”
