Why Kwoyelo was sentenced to 40 years in prison
By Bob Tumwesigye
Former Lord’s Resistance Army (LRA) warlord, Thomas Kwoyelo a.k.a Latoni, was on Friday sentenced to 40 years in prison.
The maximum sentence was handed down to Kwoyelo by the International Crimes Division of the High Court which has the mandate to try War Crimes and Crimes Against Humanity.
The sentence marked the first successful prosecution of international crimes within Uganda’s courts.
The court said that the crimes committed by Kwoyelo were grave and handed him 40 years for each count of murder under War Crimes and Crimes Against Humanity, 37 years for enslavement, each count of rape, and each count of torture under Crimes Against Humanity and 30 years imprisonment as a Crime Against Humanity and for each count of kidnapping with intent to murder.
The court also handed him 12 years for outrages upon personal dignity and cruel treatment (War Crimes) and 10 years for each count of pillaging as War Crimes.
The court added that that these sentences would run concurrently, meaning Kwoyelo will serve a maximum of 40 years (inclusive of the 15 years he has spent on remand).
Aggravating and Mitigating factors
Kwoyelo’s senior command position, his direct involvement in acts of extreme brutality, and the deep physical and psychological scars left on the victims weighed heavily in sentencing.
However, the court also considered that Kwoyelo had been forcibly conscripted into the LRA at the age of twelve, held only a mid-level command role, and had expressed remorse with a desire to reconcile with victims.
The court is set to conduct additional proceedings to address the issue of reparations, inviting participation from the Victims’ Counsel, Prosecution, Defense, and the Attorney General.
This step underscores the criminal justice system’s commitment to providing justice not only through punishment but also by acknowledging and addressing the suffering of victims.
Kwoyelo’s legal journey
Kwoyelo was initially charged with 93 counts spanning violations of both international humanitarian, international customary and Uganda laws, including murder, pillaging, enslavement, and torture, Kwoyelo faced charges dating from 1987 to 2005.
In December 2023, the court acquitted him on 14 charges, directing him to answer the remaining 78. Following the presentation of evidence, Kwoyelo was found guilty of 44 counts, while 33 alternative charges were dismissed.
Kwoyelo’s prosecution was led by a team from the ODPP, including Deputy DPP George William Byansi (Head), Assistant DPPs Charles Richard Kaamuli, Florence Akello Owinji, and Chief State Attorney Lillian Omara Alum.
The High Court panel of judges included; Justice Michael Elubu (Head), Justice Stephen Mubiru, Justice Duncan Gaswaga, and Alternate Judge Justice Andrew Bashaija – presided over the case, offering keen insights and guidance throughout the proceedings.
Kwoyelo’s defense team included prominent Senior Counsel Dalton Opwonya, Caleb Alaka, Evans Ochieng, and Borris Geoffrey Anyuru, while victims were represented by Lead Counsel Robert Mackay, Amooti Jane Magdalene, and Henry Komakech Kilama.
This landmark case represents a major milestone, establishing a precedent for the prosecution of international crimes within Uganda’s national legal framework.
It demonstrates the country’s commitment to holding perpetrators of War Crimes and Crimes against Humanity accountable.