He consequently set aside the four-year sentence and substituted it with 30 months’ imprisonment, effective from August 7, 2024, the date of the original sentence.
The High Court in Kampala has reduced a man’s four-year prison sentence for obtaining money by false pretences to 30 months, ruling that the original punishment was excessive given his guilty plea and status as a first offender.
Justice Gadenya Paul Wolimbwa of the High Court Criminal Division made the ruling on October 29, 2026, allowing an appeal filed by Kakembo Sammy, who had challenged the severity of the sentence imposed by the Buganda Road Chief Magistrate’s Court.
Kakembo had been sentenced to four years in prison on August 7, 2024, after pleading guilty to obtaining money by false pretences, an offence under sections 284 and 285 of the Penal Code Act.
In his appeal, Kakembo argued that the sentence was excessive because he had admitted the offence, had no previous convictions and was willing to compensate the complainant.
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Justice Wolimbwa ruled that the four-year sentence, which represented 80% of the maximum five-year jail term for the offence, failed to give sufficient weight to the mitigating circumstances presented by the appellant.
“The guilty plea and the absence of previous convictions warranted a materially lower sentence,” the judge ruled.
The judge noted that Kakembo’s guilty plea had saved court time and spared witnesses the burden of testifying in a contested trial. His status as a first offender also supported a more proportionate sentence that would provide an opportunity for rehabilitation.
However, the judge emphasised that pleading guilty did not erase the wrongdoing or automatically entitle an offender to a particular reduction in punishment.
Kakembo, who told the court that he was 65 years old, presented a copy of his passport to verify his age. The judge gave his age limited consideration, noting that the sentencing guidelines define advanced age as 75 years and above.
The appellant also told the court that he worked as a machinery engineer, repairing and selling equipment, including printers. He argued that continued imprisonment would cause his machines to deteriorate and undermine his ability to earn money for compensating the complainant.
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The judge, however, observed that business disruption was an ordinary consequence of imprisonment and could not override the complainant’s interests or the need for punishment.
The court further noted that although Kakembo had expressed willingness to compensate the complainant, there was no evidence that repayment had been made or a settlement completed.
Justice Wolimbwa said a substantial custodial sentence remained necessary to reflect the wrongdoing and deter similar offences.
He consequently set aside the four-year sentence and substituted it with 30 months’ imprisonment, effective from August 7, 2024, the date of the original sentence.
The judge directed that all time already served under the original sentence be counted towards the revised term.
The conviction remains in force, as does any lawful compensation order made by the trial court.
The appeal proceeded in the absence of the State Attorney, who did not attend the hearings on October 28 and 29, 2026, despite being aware of the dates. The judge clarified that the State’s absence did not amount to a concession that the sentence was excessive and that the appeal had been independently considered.
