UGANDA: ICD COURT SENTENCES FORMER CHILD ADDUCTEE TURNED LRA COMMANDER KWOYELO TO 40 YEARS IN PRISON

GULU CITY-FRIDAY 25, October 25, 2024.

By Okumu Livingstone Langol

Confined former LRA commander, Thomas Kwoyelo aka “Latoni” in a dark jacket in the dock surrounded by Prisons warders, October 25, 2024 in Gulu High Court, His sentence of 40 years was reduced to 25 years in consideration of the period spent on remand (Photo by Okot Lil Romeo).

Justice Michael Elubu, the lead International Crimes Division (ICD) judge in his summary ruling sentenced former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo aka Latoni to 40 years in prison. The 15 years Kwoyelo spent on remand was, however, deducted meaning he will be jailed for an additional 25 years. Kwoyelo was found guilty of crimes including murder, abduction, rape, extensive destruction of property, torture, enslavement among others.

His lawyers had put up a spirited defense stating Kwoyelo was abducted by the LRA while a minor of only 12-years-old while on his way to school and trained to kill. The lawyer Caleb Alaka reasoned that this fact should exonerate Kwoyelo of the accusations. However, Justice Duncan Gaswaga reasoned that the sentence was fair as the maximum sentence could have been death if the ICD court had provided that option

Up to 44 counts stood, 31 were dismissed while he was acquitted of 3 charges.

Justice Elubu ruled that Kwoyelo has a right to appeal on the sentence and defense lawyer Caleb Alaka asked court to give them two munities to make consultation with Thomas Kwoyelo, which was granted. Later after the consultation, Alaka rose up and said, “My lord we have instructions from the convict Kwoyeloto file an appeal to this court.Justice Elubu, gave 14 days to file the application of appeal.

Justice Elubu told court that there would be reparation for the crimes committed against the victims and that Government would handle that through the office of the Attorney General.

Kwoyelo in a dark jacket listens attentively as the sentence against him was being passed, October 25, 2024. His lawyers have expressed interest in appealing the 40-year sentence, saying there are exonerating factors that should still be considered by court (Photo by Okot Lil Romeo).

Counsel Caleb Alakaasked the court to give him both soft and hard copies of the sentence. Another Kwoyelo’s lawyer, Ivan Ocheing, concurred with the intent to appeal, noting that the 15 years Kwoyelo had spent on remand was a long period.

Justice Duncan Gaswaga said the ruling conforms to the provisions in the Geneva Convention that considers among others the period the suspect stayedin prison.

The following were listed against Thomas Kwoyelo. That he played a leading role in the commanding structure of those who meted out atrocities against the civilian population. That the commission of Kwoyelo’s crimes were marked by brutality; the worst being in PagakInternally Displaced People’s camp. That many of his victims were helpless vulnerable elders, children, women and youth.

For starters, Thomas Kwoyelo was part of the LRA commanders headed by sel-styled Gen, Joseph Kony that for nearly 20 years caused mayhem in Northern Uganda, later entering South Sudan, Democratic Republic of Congo and Central African Republic where to-date they continue to hide and mete out more atrocities against the civilian population there. Several attempts to capture the General to face the International Criminal Court in the Hague have been futile despite long standing indictment against him since 2005.