Editor's Review

The 41 Kenyans were convicted following the killing of three Ugandan geologists and two soldiers.

President Yoweri Kaguta Museveni's administration has issued conditions before releasing 41 Kenyans court-martialed and convicted for eight to twenty years imprisonment in Uganda. 

Appearing before the National Assembly's Public Petitions Committee, Prime Cabinet Secretary Musalia Mudavadi indicated that Uganda had insisted that the imprisoned Kenyans must identify the perpetrators behind the killing of three Ugandan geologists and two Uganda People's Defence Forces (UPDF) soldiers in Lotisan Sub-County, Moroto District, back in April. 

However, Mudavadi who leads the Foreign Affairs docket revealed that the Ministry was engaging with Ugandan authorities to find a solution.

"The Ministry of Foreign and Diaspora Affairs is actively engaging with counterparts in Kampala. However, Uganda has reportedly insisted that the incarcerated group must identify the perpetrators of the crime before any release can occur," the committee's report read in part.

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Prime Cabinet Secretary Musalia Mudavadi appearing before a committee on Thursday December 14, 2023. PHOTO | COURTESY

The Nimrod Mbai (MP Kitui East) led committee on Thursday, December 14 heard that the 41 Kenyans were convicted following the killing of three Ugandan geologists and two soldiers.

These troops were pursuing herdsmen believed to have committed the acts in Uganda before crossing into Kenya.

"These individuals faced trial under Ugandan law, specifically under Section 119 of the UPDF Act. This section stipulates that anyone found in possession of weapons, ammunition, or equipment exclusive to the armed forces is subject to military law and court-martial proceedings, a legal scenario not applicable in Kenya," the committee's report indicated.

However, the members questioned Mudavadi whether the prisoner exchange programme exists between Kenya and Uganda to allow the suspects to be tried and convicted in the country.

"Under the East African Community Treaty, a mutual legal assistance framework exists between Uganda and Kenya, facilitating the return of suspects to the jurisdiction where the alleged crime occurred. However, questions linger regarding whether this framework extends to prisoner exchanges. In Uganda, authorities frequently detain pastoralists and fishermen on trespassing charges, often imposing fines before releasing them," members of the committee observed.

However Mudavadi assured them that his Ministry was engaging with Museveni's administration to determine the fate of 41 Kenyans serving 20 years in Ugandan prisons.