The High Court in Kampala, Uganda has suspended the jail sentence of a Kenyan accused of cyberbullying the Director of Public Prosecutions (DPP) Jane France Abodo.
According to the judge, the prosecution failed to establish the location of the electronic device he used to stalk the DPP and whether it was in the jurisdiction of Uganda.
Also, the device used to commit the crime was not presented as evidence in court.
An aerial view of Kampala in Uganda.
“I find that a miscarriage of justice when the applicant was convicted on a defective sheet, tried before a court not seized with jurisdiction contrary to Section 30 of the Computer Misuse Act,” the judge ruled.
Section 30 of the Computer Misuse Act in Uganda states that it is an offense if the accused was in Uganda at the material time or the computer, program, or data was in Uganda at the material time when the crime was committed.
The judge pointed fingers at the prosecution for failing to provide such critical information despite it having the resources to find it.
“I, therefore, find that there was no proof of identity and residency of the offending computer, program, or data and offender about the committal of an offense as brought under the Computer Misuse Act,” the judge ruled.8
Another loophole that set the suspect free was that, specific messages allegedly threatening the DPP were not presented before the court.
The judge ordered the release of the accused man.
He had been sentenced to two years after being found guilty of maliciously and repeatedly using his email address to harass DPP by sending threatening emails and attachments to her official email address.
In 2022, the accused was arrested for sending threats to the DPP due to her corrupt nature at the office.
The suspect reportedly threatened to print billboards across East Africa to expose her to President Yoweri Museveni.
His antics were seemingly acts of revenge towards the DPP who once dismissed his case when he lost his truck to a loan lender. The suspect suggested that the lender bribed the DPP to throw out his case.
File Photo of person using mobile phone