Kampala (UG) | The Black Examiner – The High Court in Kampala has overturned the conviction and punishment of a Kenyan national, Jared Oloo Akumu, who was sentenced to two years for cyberstalking Uganda’s Director of Public Prosecutions (DPP), Justice Jane Frances Abodo, and nine months for offensive communication in October 2022. The court has ordered Akumu’s immediate release, citing jurisdictional issues and a defective charge sheet.
Justice Isaac Muwata, in his ruling, emphasized that the trial magistrate failed to establish territorial jurisdiction as required by the Computer Misuse Act. He noted that the charge sheet was grossly defective, omitting crucial particulars such as Akumu’s location, the device used, and the specific threat made against the DPP.
The court highlighted that the prosecution’s evidence was inconclusive in determining whether the offence had occurred in Uganda, lacking scientific criteria for testing evidence accuracy. The forensic report failed to pinpoint Akumu’s location or the device used, making it impossible to establish identity and residency concerning the offence.
Akumu had been accused of repeatedly sending threatening emails and attachments to the DPP’s official email from an unknown location in September and November 2021. The High Court concluded that these threats were not clearly outlined in the charge sheet and that some particulars were ambiguous, preventing Akumu from understanding the nature of the harassment.
In light of these issues and the failure to establish territorial jurisdiction, the High Court declared the conviction null and void, leading to Akumu’s immediate release.
