Boda boda rider jailed 28 years for raping customer

Kampala, Uganda | THE INDEPENDENT | The Court of Appeal in Kampala has dismissed an appeal by Christopher Damulira a boda boda rider who was convicted of raping a 17-year-old girl in Gomba District whom he was transporting.  The Court, comprising Justices Christopher Gashirabake, Dr Asa Mugenyi, and John Mike Musisi, upheld the 28-year and 2-month prison sentence handed down by High Court Judge Dr Winifred Nabisinde on February 25, 2020.

According to the facts of the case, Damulira picked up the victim from a graduation party on March 29, 2018. He allegedly stopped in a swampy area, claiming to have run out of fuel, and then dragged the victim into the bush, where he raped her. The victim, a student at UDEL Project, had hired Damulira to take her home after the party, trusting him as a familiar face in the area.

The records show that the victim was left bleeding and bruised and later received medical attention.  Damulira was accordingly arrested, charged, and convicted of rape following his plea of guilty. Dissatisfied with the jail term handed to him by Lady Justice Nabisinde, Damulira appealed, raising three grounds.  He appealed the decision, citing a defective indictment and excessive sentence.

The court heard that the trial judge erred in law and fact by trying Damulira on an incurably defective indictment, convicting him on a guilty plea without following the proper plea-taking procedure, and imposing a harsh and manifestly excessive sentence. According to the appeal, Damulira argued that the indictment was defective because it did not state the victim’s age, which he claimed was a critical element of the charge.

However, in their judgment, the Court of Appeal justices—led by Justice Christopher Gashirabake—found no reason to interfere with the High Court’s sentence, noting that rape carries a maximum penalty of death. “We have considered the fact that the maximum sentence for the offence of rape is death. Further, that the sentencing range specified in Part I of the 3rd Schedule of the Sentencing Guidelines for the offence is from 30 years,” said the justices.

The justices added, “We find no reason to fault the trial judge’s sentencing powers, especially where she followed the law and principles governing the same.” The Court of Appeal also considered the issue of plea-taking procedure, which Damulira had challenged. However, the court found that the trial judge had followed the right procedure and that Damulira’s plea of guilty was properly taken.

“We have already noted that a girl can be raped,” the justices said, dismissing Damulira’s argument that the indictment was defective. This is a landmark decision in that most people who have been victims of sexual activities below the age of 18 years have had their culprits charged with either defilement or aggravated defilement as opposed to rape. The Court of Appeal has thus found no merit in his appeal and dismissed it.

“The appellant will continue to serve the remaining period of the sentence of 28 years and 2 months,” the court ordered. The prosecution was represented by Chief State Attorney Happiness Ainebyona, while Damulira was represented by Lawyer Mayanja Nakibuule on state brief.

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