The incident occurred on January 16, 2009, at Lulamba village, Bukuya sub-county in Mubende district. Sempiira was sleeping on the same bed with his wife, Prossy Namirimu, and their one-year-and-a-half-month-old daughter when he subjected the baby to a sexual act, causing injuries to her private parts.
Namirimu testified that she was awakened by the cries of the baby and noticed Sempiira leaving the side where the baby lay and returning to his original position in bed. She initially thought he was just covering the baby, but the crying continued throughout the night.
The following morning, Namirimu observed whitish fluids and blood in the baby’s waist, buttocks, and vagina. Upon medical examination, it was confirmed that the baby had been defiled. Ssempiira was arrested and charged with aggravated defilement. He pleaded not guilty, and after a full trial, he was sentenced to 45 years in jail in 2014.
In his appeal, Ssempiira argued that the trial judge relied solely on the evidence of his wife and Christopher Segawa to convict him, even though they had a grudge against him. He also claimed that the trial judge erred by not considering the four years he spent on remand before his sentencing.
Court of Appeal justices; Richard Buteera, Irene Mulyagonja, and Eva Luswata, partially agreed with Ssempiira’s appeal and reduced his sentence to 30 years.
They took into account the time he spent on remand and his youthful age at the time of the crime. However, they emphasized the seriousness of the offense and the breach of trust, as he committed the act while lying in bed with the baby’s mother, his wife.
“The victim was only one year and a half old. The appellant/Ssempiira was her father and the fact that he defiled her was despicable, to say the least. She sustained serious injuries both in the vaginal and anal orifices. The appellant was then 27 years old and he committed the offense while he was laying in the same bed with the mother of the child, his wife, which was a serious breach of trust. We are not surprised that the act kindled the anger of the trial judge who convicted and sentenced him to 45 years imprisonment,” said the justices.
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