Will Christopher Okello really hang? A look at Uganda’s death penalty reality 

The Kampala High Court on Thursday, handed down a rare maximum death sentence to Christopher Okello Onyum for the murder of four children in a case that shocked the country.

Justice Alice Komuhangi Khauka, before a fully packed tent set at the murder scene in Ggaba, where the offence was committed on April 2nd, ruled that the crime fell within the “rarest of rare” category, warranting the maximum punishment.

The sentence was welcomed by both the state prosecution as well as the family members of the victims in attendance 

It however, triggered questions whether Okello will actually be executed, or if he will join inmates who remain on death row for years without execution?

Uganda’s history shows that a death sentence does not always mean execution.

The East African nation still retains the death penalty in law, mainly for crimes such as murder and aggravated robbery. However, executions have been rare in recent decades.

The most widely recorded civilian executions took place on April 30, 1999, when 28 prisoners were hanged at Luzira Prison after being convicted of serious crimes, mostly murder. 

A later execution is reported to have occurred in 2003, involving military offences. Since then, Uganda has not carried out any executions, creating what experts describe as a de facto moratorium. 

This means courts can still sentence offenders to death, but the punishment is rarely implemented.

A major turning point came in 2009, following a landmark Supreme Court case led by death row inmate Susan Kigula.

The court ruled that the mandatory death penalty was unconstitutional and that judges must consider mitigating factors before imposing it. 

It also directed that prisoners who spend more than three years on death row without execution should have their sentences reviewed. 

At the time of that case, more than 400 inmates were on death row. 

The ruling significantly reduced the number of executions and reshaped sentencing practices in Uganda.

The number of death row inmates in Uganda has fluctuated over the years.

More recent estimates suggest about 145 inmates remained on death row by 2023. 

Despite the absence of executions, inmates on death row often spend years in prison under harsh conditions.

Human rights groups note that many prisoners die of illness or natural causes before their appeals are concluded. Overcrowding, poor sanitation and limited medical care have also been cited as challenges in Uganda’s prison system. 

While Okello has been sentenced to death, his fate will likely depend on several factors.

He still has the right to appeal the sentence to higher courts. He has 14 days to file the appeal.

Even if the sentence is upheld, Uganda’s history suggests that executions are unlikely at last in the short term.

In addition, the President has the constitutional power to commute death sentences to life imprisonment, a practice that has been used in several cases over the years.

It should be noted however that President Yoweri Museveni has recently expressed public support for the revival of the death penalty.

In 2018, Museveni posted to social media to indicate his intention to revive the death penalty and sign death warrants in an attempt to address increasing crime rates, particularly in Kampala. 

Museveni stated that his hesitation to sign death warrants came from his "Christian background ... but being lenient is causing people to think they can cause harm and get away with it. I will revise my position."