Self-proclaimed prophet’s defilement sentence cut to 30 years

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The Court of Appeal has reduced to 30 years the 40-year jail term that had been imposed on a self-proclaimed prophet for defiling, impregnating and infecting a 16-year-old girl with HIV.

The victim was a minor aged 16 years, a Senior Three student and a resident of Kyebando, where she lived with her mother and siblings.

On March 18, 2024, High Court judge Margaret Mutonyi sentenced prophet Elijah James Kimera, the proprietor of Faith Center Church of All Nations at Lusanja in Wakiso District, to 40 years in prison after he pleaded guilty to the charges.

Dissatisfied with the sentence, Kimera appealed to the Court of Appeal, arguing, among others, that the sentence was excessive and illegal. He faulted the trial judge for construing his admission to fathering twins with the victim as an act of defilement, claiming she was allegedly 18 years old at the time of conception.

In reducing the sentence to 30 years, Justices Geoffrey Kiryabwire, Ketrah Katunguka and Cornelia Sabiiti Kakooza applied the principle of uniformity and consistency as established in the case of Emmanuel Tiboruhanga versus Uganda of 2014.

“We therefore hereby re-sentence the appellant to 30 years in prison from which the period he spent on remand of five (5) months and twenty-seven (27) days shall be arithmetically deducted, leaving him with a term of imprisonment of twenty-nine (29) years, six (6) months and three (3) days with effect from the date of conviction of February 26, 2024,” the justices ordered.

The justices, however, declined to set aside his conviction, stating that his plea of guilty was properly recorded by the trial judge in accordance with the principles of law laid down in the case of Adan versus the Republic.

Evidence presented in court indicated that the victim, her siblings and their mother were members of Kimera’s church, where the children participated in the choir.

In March 2020, following the outbreak of the COVID-19 pandemic and the closure of schools, Kimera approached the victim’s mother and requested that her two daughters, who were choir members, be allowed to attend choir practice at the church.

The prosecution stated that on some occasions, the girls would spend nights at the church until their mother received information that the pastor was sexually involved with her children. She then reported the matter to the police after learning that one of the girls was under 18 years old.

Police investigations revealed that Kimera had sexual relations with the victim’s mother, whom he refused to marry for unknown reasons, before allegedly engaging in sexual relationships with her daughters, including the victim.

The victim underwent a medical examination, which indicated that she was about 17 years old and had been infected with HIV. Kimera was subsequently arrested and charged.