10th September 2023.
Kampala, Uganda – The High Court in Kampala has quashed the conviction and punishment of Jared Oloo Akumu, a Kenyan national who was convicted of cyberstalking Uganda’s Director of Public Prosecutions (DPP), Justice Jane Frances Abodo. Akumu, a resident of Nyangoma Division, Bondo District, Nyanza Province in Kenya, had been sentenced to two years for cyberstalking and nine months for offensive communication in October 2022. Now, after a thorough review of the case, the High Court has ordered his immediate release.
Justice Isaac Muwata, who presided over the case, highlighted that the trial magistrate at Buganda Road had failed to establish the territorial jurisdiction of the case as required by the Computer Misuse Act. As a result, the conviction was deemed flawed.
The court found that the charge sheet used in Akumu’s trial was grossly defective, as it lacked crucial details about his location, the computer or device used in sending the alleged offending communication, and the specific threat used against the DPP. This omission of essential information led to doubts about whether the offense had occurred in Uganda or not.
Furthermore, the forensic evidence presented in court was inconclusive in pinpointing Akumu’s location and the device he allegedly used for the offense. The prosecution was unable to provide concrete evidence to establish the identity and residency of the offending computer, program, or data used in the alleged cyberstalking.
The case dates back to September and November 2021 when Akumu was accused of sending threatening emails and attachments to Justice Abodo’s official email from an undisclosed location, with the intent to instill fear. However, the High Court found that the threats and harassments were not clearly outlined in the charge sheet, and the language used in the particulars was ambiguous.
In light of these discrepancies and the failure to establish territorial jurisdiction, Justice Muwata ruled that a miscarriage of justice had occurred and that Akumu’s conviction was unjust. Consequently, the High Court overturned the conviction and ordered his immediate release.
This decision has been welcomed by Akumu’s legal team, who had argued that the magistrate’s court lacked the authority to handle the case. The ruling serves as a reminder of the importance of clear and accurate legal procedures, ensuring that justice is served fairly and impartially.
As Akumu regains his freedom, this case underscores the significance of upholding the rule of law and ensuring that all individuals receive a fair trial, regardless of the circumstances.
