Lilian Nyiva
The High Court in Nairobi has ordered the release and deportation of a Ugandan woman who had been serving a 30-year prison sentence for drug trafficking after finding that her continued incarceration amounted to unequal treatment under the law.
Justice Diana Kavedza ruled that Ann Birungi Bisaso's constitutional right to equal protection and equal benefit of the law had been violated after her co-convict in the same case was released in 2023 while she remained in prison.
Sentence Reduced from Life Imprisonment
Bisaso was initially sentenced to life imprisonment for drug trafficking before the sentence was later reduced to 30 years. She had already served approximately 15 years in prison and was also fined more than KSh254 million. In her petition, she argued that she had been denied an opportunity to have her sentence reviewed despite having been convicted alongside a co-accused person who had already secured his release. She further claimed that her continued detention had caused psychological distress, stigma and undue suffering.
State Opposed Application
The State opposed the application, maintaining that the release of a co-convict did not automatically amount to discrimination and that each case should be considered on its own merits.
However, the court found that the State had failed to demonstrate any material differences between Bisaso and her co-convict in terms of their participation in the offence, culpability, criminal history or any other sentencing considerations.
Judge Emphasizes Sentencing Parity
In her ruling, Justice Kavedza underscored the principle of parity in sentencing, noting that individuals convicted of the same offence under similar circumstances should receive similar treatment by the justice system. The judge observed that there was no justifiable basis for one offender to continue serving a custodial sentence while another convicted in the same proceedings had already been released. She held that such differential treatment offended the constitutional principle of equality before the law.
Immediate Repatriation Ordered
Consequently, the court deemed Bisaso's sentence fully served and ordered her immediate release and repatriation to Uganda. The ruling also directed the Ugandan High Commission to facilitate and meet the costs associated with her deportation.
The decision brings to an end a lengthy legal battle by the Ugandan national and highlights the courts' role in ensuring fairness and consistency in the administration of justice.
