The High Court has convicted City Businessman Ivan Kamyuka to three years and eight months in prison for manslaughter.
Court presided over by Justice Wilson Kwesiga heard that Kamyuka fatally stabbed Johnny Ahimbisibwe on August 2, 2015, in Club Guvnor.
Kamyuka hit Ahimbisibwe with a broken glass after he came out of the club toilets and found that he had hit his wife Nina Nyarwaka.
Ahimbisibwe was moments later rushed to Case Medical Centre in Kampala, where he was pronounced dead upon arrival.
In his ruling, Justice Kwesiga said taking human life is a grave violation of human rights and is the duty of the court to keep such a person out of the community.
However, Justice Kwesiga exonerated Kamyuka of murder. According to Kwesiga, he considered the evidence of Nyarwaka who testified that Ahimbisibwe was a violent man who had even been deported from Sweden due to his violent nature.
“With this kind of provocation, Kamyuka acted in self-defense. Any reasonable spouse would use any deadly force to repel an attack against his partner,” Kwesiga said.
He also noted that prosecution and the investigating officers didn’t prove to the court the exact tools used which led to the death of Ahimbisibwe.
Meanwhile the ruling was welcomed with tears by Johnny Ahimbisibwe’s relatives who claimed the judge wasn’t fair enough to the deceased.
“It’s disturbing for the judge to exonerate Kamyuka from the Murder case yet evidence from the crime scene clearly showed him murdering our son, the judge is not fair” lamented one of the deceased relatives.
Kamyuka’s lawyer Julius Galisonga told court that he will appeal against the sentence.
The prosecution led by Senior State Attorney Jane Kajuga presented 13 witnesses during hearing of the case.