Understanding Kaftah’s 3 Year Jail Sentence

On Tuesday, 31st January 2023, the magistrate court in Kira sentenced the 18 year old Tanzanian International, Kaftah Queen to 3 years in prison.

The Kira Chief Magistrate Roseline Nsenga said that Kaftah’s actions of violently assaulting her friend were heinous and should not be tolerated in our societies whatsoever.

Last month, social Media was awash with a video of a defenceless young girl being assaulted. A boy was seen taking the recordings, 2 other girls aiding with bringing beating weapons closer to Kaftah as she unleashed fury on her friend, Pretty Nicole accusing her of snatching her man. Pretty Nicole was undressed, showered with sewage and severely pelted with sticks.

The accused, KaftahQueen, pleaded guilty but sought forgiveness from the victim citing need to return to school.

The victim, Pretty Nicole, 14 was sobbing before the court as she made it clear that she had no intentions of forging her tormentor for the anguish she unleashed on her.

The Chief magistrate, Roseline Nsenga, said whereas she had taken into consideration prayers by Kaftah for a lenient sentence to enable her return to school and given her remorsefulness, there is need to send a strong warning out there that violence doesn’t pay.

“Having taken everything into consideration, the fact that you are young and want to go back to school, court owes a duty to the public and I have to send a crystal clear message that we don’t condone violence.” adding that,

“This sentence is meant to deter you and other young girls out there from such barbaric acts, I want you to be an example that violence has no place in our country. I therefore sentence you to three years in Prison.”

The Trinity College-Nabweru student was charged with aggravated torture contrary to section 2(1) (b) and 5(a) (h), (j) and (k) of the Prevention and Prohibition of Torture Act 2012.

Section 2(1) (b) of the of the Prevention and Prohibition of Torture Act 2012 defines torture in this case as any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity for such purposes as punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit.

Section 5(a) (h), (j) and (k) of the same law says that where it is proved that at the time of, or immediately before, or immediately after the commission of torture the offender uses or threatens to use or used a deadly weapon, the victim was under the age of 18 years, the act of torture is recurring and the offender commits any act which court considers aggravating, the offender and any other person jointly connected with the commission of an act of torture is liable, on conviction to life imprisonment.

She has the liberty within the ambit of the law to appeal against the sentence not later than 14 days.

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