A city advocate has petitioned the Constitutional court seeking to have Masaka Businessman Kato Kajubi released from Luzira prison because he was allegedly subjected to an unfair trial.

Musa Ssembajja, a lawyer with C. Mukiibi Ssentamu and company advocates accuses the former Director of Public Prosecutions; Richard Buteera of handling the kidnap and murder case poorly.

Kato Kajubi is currently serving a life sentence at Luzira prison over the murder of 12-year-old Joseph Kasirye in a ritual sacrifice in 2008.

Kajubi allegedly hired Umar Kateregga, a sorcerer and his wife Mariam Nabukeera to slaughter the 12-year-old boy.

According to Ssembajja, Kato Kajubi's charging, conviction and subsequent sentencing was unfair because his co-accused; Umar Kateregga and his wife Mariam Nabukeera were unlawfully freed and used as witnesses to pin him.

State Attorney Vincent Wagona informed the trial Judge Moses Mukiibi that the couple; Kateregga and Nabukeera would undergo a separate trial from that of Kato Kajubi having confessed to the murder on arrest.

Sembajja, however, contends, that it was a miscarriage of justice and discriminatory to have Kato Kajubi in prison and fail to prosecute Kateregga and his wife ten years down the road.

It is for this reason that Musa Sembajja wants the Constitutional court to quash Kato Kajubi's conviction, and order for a fresh trial where all the three; Kato Kajubi, Umar Kateregga and Mariam Nabukeera can be charged.

Kato Kajubi was handed a life sentence basing on the evidence provided by Kateregga and Nabukeera as principal state witnesses.

His sentence was confirmed by the Court of Appeal and is now pending disposal at the Supreme court.