The Court of Appeal in Kampala has set free city socialite Ivan Kamyuka after overturning his three year jail sentence over the death of John Ahimbisibwe, aka Jonnie, during a Club Guvnor fight in 2015.
The incident happened after John Ahimbisibwe attacked Kamyuka’s girlfriend, prompting the latter to fight back, stabbing John Ahimbisibwe with a broken glass.
However a panel of three justices including Elizabeth Musoke, Eva Luswata and Christopher Gashirabake reasoned with Kamyuka that he didn’t intend to kill Jonnie but rather he fought back after being attacked by the deceased. They ruled that there was nothing like excessive force used by Kamyuka.
“The confirmed facts are that the deceased first attacked and injured the appellant’s wife. The appellant justifiably intervened to protect his wife and a fight ensued between the two men. Neither had weapon but only fists,” the three judges noted in the judgment.
In his sentence, High Court judge, Wilson Kwesiga said that although the deceased had provoked Kamyuka, the latter used excessive force in fighting back leading to the former’s death.