By Sylvia
The High Court of Fort Portal has overturned the conviction of Rutete Sub-County LC3 Chairperson and five others, who had been sentenced in August 2025 to 10 years in Katojo Government Prison for criminal trespass, theft, and malicious damage.
The six individuals including Mugabe Deo Musinguzi (LC3 Chairperson), Gumisiriza Peter (Rutete GISO), Kasangaki Paul (LC2 Chairperson, Kyamukoka Parish), LC1 leaders Rutoma Zone and Imaranjara, Ndyamuhaki Fred, and Asiimwe John, were initially sentenced by Principal Magistrate Nsibambi Lwanga of Fort Portal, after being found guilty of the charges.
The case
The prosecution had presented a case stating that on January 30, 2000, Bagonza Peter and Mrs. Kaburara (the plaintiffs) accused the defendants of denying them access to land located near Rutete Health Center. The plaintiffs claimed that the land was rightfully theirs, not belonging to the sub-county. After reporting the matter, the court issued an injunction barring the sub-county from accessing the land and granted control to the plaintiffs.
However, on February 2, 2025, the accused persons allegedly violated the court order by destroying property on the contested land, including cutting down trees and causing other damage.
The prosecution argued that the six accused persons, leveraging their positions of authority, incited local residents, including LC2 and LC1 leaders to cut down trees planted by the complainants. Chairperson Musinguzi was also accused of using some of the felled trees for brick-making and charcoal production.
The case stemmed from a civil dispute over land ownership, with Rutete Sub-County accusing Bagonza Peter and Mrs. Kaburara of illegally occupying land along the borders of the sub-county.
In his initial ruling, Magistrate Lwanga sentenced the accused individuals to 6 months for criminal trespass, 8 months for malicious damage (for Gumisiriza and Musinguzi), and 20 months for theft (for Musinguzi and Gumisiriza). Additionally, Ndyamuhaki, Asiimwe, and Kasangaki were ordered to pay 4 million Ugandan shillings each to the plaintiffs, while Musinguzi and Gumisiriza were each required to pay 3 million shillings to both plaintiffs.
Following the sentencing, the legal representatives of the accused appealed the ruling, leading to Monday’s High Court session.
Hon. Justice Vincent Wagon, who presided over the appeal, quashed the previous ruling by Magistrate Lwanga, deeming it overly harsh and lacking sufficient grounds.
After their release, a large crowd gathered in Fort Portal to celebrate the acquittal of the Rutete leaders.
In an interview with the media, Musinguzi expressed his gratitude for the ruling and announced that he would be nominated tomorrow as a candidate for re-election as the LC3 Chairperson for Rutete Sub-County.