Govt should pay ex-LRA commander Kwoyelo’s victims — lawyers

The International Crimes Division of the High Court of Uganda has been asked to order the Government to pay Thomas Kwoyelo’s victims shillings four million each as a symbolic reparation.

This is part of the prayers made to the trial judges in Kwoyelo’s case by the victims’ counsels on Thursday, December 5, 2024, afternoon at Gulu High Court Circuit during the reparations hearing.

Kwoyelo is an ex-Lord's Resistance Army (LRA) commander who was convicted of 44 offences on August 13, 2024, by a panel of four trial judges: Michael Elubu, Duncan Gaswaga, Stephen Mubiru and Andrew K. Basaija.

The offences that include murder, rape, kidnap, torture, inhumane acts, cruel treatment, aggravated robbery and pillaging, were committed between 1994 and 2005 in areas in Pabbo sub-county in Amuru district and they violate some sections of the Penal Code Act, Article 3 common to the Geneva Convention and the Customary International Law.

The former Lord’s Resistance Army (LRA) rebel commander Kwoyelo was on October 25, 2024 sentenced to 40 years imprisonment. However, the 15 years he spent on remand were reduced from the 40-year jail term, leaving him with 25 years to serve in prison effective October 25.

Five parties were on Thursday present during the hearing including the defence, the prosecution, the Attorney General’s (AG) representatives, the victims’ counsels and the Foundation for Justice and Development Initiative joined as a friend of the court.

Magdalane Jane Amooti, one of the victims’ counsels told the judges that the shillings four million as a symbolic reparation shall go to each of the over 3,000 victims of the convict in Pabbo and Lamogi sub-counties, Amuru District.

According to her, the Government should be ordered to pay the victims on behalf of the convict, since he is indigent.

The victims’ counsels also asked the court to order the AG to ensure that the victims’ trust fund is established to cater for the compensations of the war victims.

AG’s representative distances itself from the burden

Johnson Natuhera Kimera, who represented AG in the reparations hearing, said the Government cannot be ordered to pay the victims on behalf of Kwoyelo arguing that criminal liability is personal and cannot be passed on to third parties.

“The Government would be vicariously liable if the convict was a government employee who acted while in the interest of the Government,” he said.

According to Natuhera, there is no proof that the convict is indigent and even if so, there is no law that obligates the Government to be responsible for his actions.

“This application is simply derailing this court… I implore the victims’ counsels to pursue the convict to pay victims in accordance with the law,” he added.

“It is unfair that the same person (government) who prosecuted the accused is victimised to pay for his wrongdoings,” Natuhera told the court.

On establishing the victims’ trust fund, Natuhera said the Government has only one funds basket: the Consolidated Fund, and that any other can only be created by the Act of Parliament.

“…the government has initiated a lot of programmes to rebuild the lives of the LRA war victims and they include Northern Uganda Social Action Fund (NUSAF), Peace Recovery and Development Plan (PRDP),” he said.

Defence reacts to AG

Meanwhile, defence lawyer Caleb Alaka described the AG’s position on the matter as deficient and unfortunate.

“The convict is as poor as a church mouse!” Alaka exclaimed.

According to him, the Government should take the responsibility of compensating the war victims because it failed to provide for their security while at the internally displaced people’s camps, leaving them vulnerable to the rebels.

Evans Ochieng, another defence counsel, justified Kwoyelo’s indigence saying in their recent visit to his ancestral home in Amuru district, they found his mother has only a grass-thatched hut, while his children are struggling to find a play to stay.

After the submissions of the five parties regarding the reparations, Justice Michael Elubu adjourned the session until December 16, 2024, when the court will make its ruling.