KABALE – The Court of Appeal in Kabale District has upheld a 32-year sentence imposed on Emmanuel Benywanira, who was convicted of defiling a 3-year-old girl, his relative, and infecting her with HIV/AIDS.
Emmanuel Benywanira received his initial sentence of 35 years on April 13th, 2019, from Kabale High Court Justice Moses Kawumi Kazibwe. The conviction stemmed from the aggravated defilement of a 3-year-old girl, who, tragically, was also his relative. Despite Benywanira’s guilty plea, the court deducted 2 years and 6 months for time served, resulting in a final sentence of 32 years and 5 months.
Dissatisfied with the severity of the punishment, Benywanira appealed, contending that it was excessive and amounted to a miscarriage of justice given the circumstances.
However, a panel of three justices, namely Muzamiru Kibeedi, Christopher Gashirabake, and Oscar Kihika, ruled that Benywanira’s claims lacked merit. They dismissed the appeal, asserting that the 32-year imprisonment term was appropriate given the gravity of the offense.
The Court of Appeal rejected Benywanira’s argument, emphasizing that the injuries inflicted on the young victim were severe and life-threatening. Benywanira not only defiled the child but also transmitted HIV/AIDS to her. Consequently, the panel upheld the original sentence, and Benywanira is to serve the full 32 years in prison.
The justices acknowledged that, despite the severity of the offense, the trial judge displayed leniency by opting for a 32-year prison term instead of the maximum penalty of death. They noted that the trial judge had considered the period Benywanira spent on remand, and thus found no fault in his decision.
