Justice Kazibwe noted that at his age, and the fact that he was a head teacher, the convict should have protected the minor placed under his care. According to Kawumi, Habiyakare deserved an 18-year jail sentence, but he reduced it by three months that he spent on remand since March. Trouble for Habiyakare started on February 28 this year, when he was caught red handed defiling his 14-year-old victim and primary seven pupil at the school.
After his arrest, Habiyakare appeared before Kisoro Magistrate’s court where he was charged with aggravated trafficking contrary to sections 3(1)(a) and 5(a) of the prevention of trafficking in person’s act. However, the convict’s family protested the charges and petitioned the Directorate of Public Prosecutions (DPP) through their lawyers Augustine Akineza M/S MNA advocates.
As a result, the DPP called the file to Kampala for analysis. In April this year, Habiyakare was committed to Kabale High court and slapped with fresh charges of aggravated defilement contrary to section 129 (3) (4) (a) and (C) of the penal code act.
The prosecution led by Grace Ntege Nabagala asked the court to hand Habiyakare a heavy sentence because he committed a sexual act with a minor instead of protecting her. Â
Nabagala also said that Habiyakare failed to fulfill his duty as a head teacher to protect the girl child (pupil) when he chose to defile her.
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