The Kampala High Court has set free Kaftah Queen who appeared in a viral video violently assaulting her friend Emmanuella Musimenta commonly known as Pretty Nicole.
Kaftah, a student at Trinity College Nabweru, had accused Nicole (aged 14 then) of secretly falling in love with her boyfriend. In the shocking video clip, she was seen alongside her colleagues, torturing Nicole.
Kaftah, had been charged with aggravated torture contrary to section 2(1) (b) and 5(a) (h), (j) and (k) of the Prevention and Prohibition of Torture Act 2012.
On January 31, the magistrates court in Kira led by Roseline Nsenge, sentenced Kaftah to three years in prison after she was found guilty of aggravated torture and causing harm on Nicole.
However, on Friday, the Kampala High Court judge, Justice Margaret Mutonyi overturned Kaftah’s conviction and sentence, consequently setting her free.
The court decision followed an appeal filled by the appellant through her lawyer, Zephaniah Zimbe to have the sentence and conviction overturned.
In a memorandum of appeal filled on May 8, the appellant’s representatives sought overturning of the earlier court ruling on grounds that the trial magistrate had erred in law and fact when she convicted Kaftah without due legal representation leading to a miscarriage of justice.
The applicant further argued that the sentence was inconsiderate and harsh.
The respondent was represented by the state attorney, Caroline Ahereza. Both parties had filled submissions.
Court rules
Following a court hearing on Friday, Justice Mutonyi delivered her ruling, allowing the appellant’s appeal.
She also ordered that the conviction, sentence and orders of the trial court be set side, consequently setting Kaftah free.
“The appellant/convict is set free forthwith unless held over other lawful charges,” Mutonyi ordered.
