Court of Appeal in Kampala is expected to deliver its ruling in the application filed by Jacqueline Uwera Nsenga challenging the 10-year jail term which was handed to her by High court Judge Duncan Gaswaga after convicting her of murdering her husband Juvenile Nsenga
In 2014, the trial judge was convinced that the prosecution proved beyond reasonable doubt that Jacqueline intentionally killed her husband on January 10th 2013 when she ran over him with a Toyota Mark x vehicle at their home in Bugolobi Kampala district.
This appeal was heard by three Court of Appeal justices led by the current Chief Justice Alphonse Owiny-Dollo
Nsenga who is serving her sentence at Luzira was already in court by publication of this story.
Through her lawyer David Mpanga, she wants court to quash both conviction and sentence of the lower court on grounds that the trial Judge erred in law and fact in evaluating the evidence and thus reached a wrong conclusion.
She argues that it was wrong for court to base this decision merely on the fact that the victim passed away.
She also notes that court wrongly pinned her on intent, yet at the time he opened the gate there were other people at home and by the time of the accident it was hard to tell who was opening for her.
In response however, Josephine Namatovu state prosecutor asked court to uphold the decision of the lower court on grounds that the murder was planned and by the time of the accident the vehicle was inspected and proved to be in good mechanical conditions
Namatovu pointed out that if the vehicle had lost control it couldn’t have moved in the straight direction as it did after knocking the gate and that Mrs Nsenga couldn’t have risked to drive the same vehicle taking her husband in the hospital.