By Sania Babirye
The convicted and jailed Tabliq sect leader Sheikh Yunus Kamoga has applied for bail before the Court of Appeal.
The bail application comes after Kamoga challenged both his terrorism conviction and life time imprisonment that was handed to him by the international crimes division of the high court in July this year.
Through his lawyers of Muwema and company advocates, Kamoga says he is of advanced age of more than 60 years and has several ailments including Ulcers and High blood pressure making his health not suitable for prison conditions.
In July this year, three justices of the international crimes division of the high court led by justice Eziekel Muhanguzi sentenced Kamoga and 5 others to life imprisonment and 30 years in Luzira prison after convicting each of them of verbal terrorism.
The group was however acquitted of murdering rival sheikhs Mustapha Bahiga and Hassan Kirya due to lack of evidence.
The group has since then challenged both their convictions and sentences in the court of appeal saying they were harsh and excessive .
Kamoga’s bail application however comes at a time when state prosecutors under the DPP resumed their strike over poor pay and poor working conditions.
By Sania Babirye
Mathew Kanyamunyu Muyogoma who is charged with the murder of Kenneth Akena a social worker at Lugogo in Kampala in 2016 has applied for bail for the fourth time.
This is after his three other bail applications were declined with the recent being on the 23rd of August this year when high court judge Yasin Nyanzi ruled that he did not have exceptional circumstances including old age and poor health that are the main conditions for bail to be granted.
In the fresh bail application before high court criminal division, Kanyamunyu still claims that bail is his constitutional right and the notion of presumption of innocence until proved guilty.
When High court Judge Yasin Nyanzi declined to grant him bail he advised him to apply for bail as many times as possible but under a different judge since circumstances which the judge based on to deny him bail have never changed since then.
With this new application, the application will either be heard by justice Wilson Kwesiga or Anglin Ssenoga.
Prosecution states that on the 12th of November 2016 along Jinja High way in Kampala opposite the Uganda Manufacturer’s Association (UMA) , with malice a fore thought, Kanyamunyu shot at Kenneth Akena who later died from Norvik hospital in Kampala.
Akena is said to have accidentally scratched Mathew Kanyamunyu’s car but when he got out to apologize Mathew Kanyamunyu who was in the car with his girlfriend allegedly pulled out his missing gun and shot him three times in the stomach.
He died at Norvik Hospital where Kanyamunyu who claims to have been trying to save him as a good Samaritan after he was shot had taken him for medication.
Akena however is said to have left a dying declaration saying he was shot by Kanyamunyu.
By Sania Babirye
The Judicial Officers strike has entered its second day with many suspects who are on bail stranded at court as they reported for their bail extensions and case mention .
This morning many suspects who are out on bail returned for their bail extensions only to be informed by clerks in the registry that they did not have any instructions to extend their bail.
This means that suspects who are out on bail are not subjected to report back to court until judges return to work and set new bail dates and case mention .
However some suspects have improvised with their lawyers by agreeing with prosecutions on which date they should return back to court for mention of their different cases as the indefinite strike continues.
But suspects who are on remand in Luzira prisons have not been brought to court by prison Authorities.
Some of the key cases that flopped today include the Corruption case against State Minister for Labour Hebert Kabafunzaki and two others where prosecution led by Barbara Kawuma and his lawyers agreed that they return back to court on tge 11th of September hoping that by then the judges and magistrates strike would have ended.
It still remains to be seen what will happen to other suspects who are out on bail and have not been given another date to report back .
This is likely to make many suspects untraceable by fleeing or changing their places of abode.
By Sania Babirye
State prosecutor Jonathan Muwaganya has asked Buganda road court to cancel the bail application of the 42 year old Controversial Makerere university researcher Dr.Stella Nyanzi. He accuses her of breaching one of bail conditions by attacking state prosecutor in the case via her Facebook page.
This morning Muwaganya read a face book post that Dr. Nyanzi allegedly wrote on her Facebook page claiming that members of the bar wore unfitting Chinese coats.
Muwaganya states that any attack on the members of the bar is an attack on the trial court which needed immediate redress through cancelling Dr.Nyanzi’s bail or setting more tough bail conditions.
Muwaganya says that state lawyers cannot proceed with the case under such situation where Dr.Nyanzi is continuously attacking them for doing their job.
Although court bared Dr.Nyanzi from writing or discussing any matter related to case as one of her bail conditions Dr. Nyanzi was angered on Wednesday after state prosecutor Jonathan Muwaganya told court that he was not officially served Dr.Nyanzi’s application in which she is seeking a stay of proceedings of the case until her constitution petition in which she is challenging the mental treatment act is heard and disposed.
Chief magistrate James Eremye Mawanda has however reserved the ruling on the matter until he determines the mental examination application.
By Babirye Sania
Four Police officers who are accused of touring the mayor of Kamwenge Geoffrey Byamukama have been granted bail by Buganda road court.
Chief magistrate Jamson Kareemani has released D/ASP Patrick Muramira and D/ASP FredTumuhairwe on a 2 million cash bail each while the other two Habib Roma and Ben Odeke have been granted a one million cash bail.
The magistrate has ordered them to deposit their national identity cards, passports to court and temporally bared them from accessing their former place of work until investigations into the case are complete
The four have also been ordered to report to court twice every week starting on the 16th of June 2017.
On Friday last week the four were charged with two counts of torture and causing grievance harm and pleaded not guilty
Prosecution led by Nelly Asiku states that on the 5th/April 2017 at Ministry of Lands in the office of commissioner William Turyomurugyendo within Kampala district, the accused picked Mayor Byamukama and unlawfully used iron bars and batons to beat him thereby causing wounds on his knees and ankles.
The officers allegedly committed the said offenses while in the course of performing their duties as they transported Byamukama in police van Reg . UAT 460Y.
By Babirye Sania
The deputy registrar of the high court criminal division Emmanuel Baguma has further remanded to Luzira prison a one Baker Walusimbi charged with the 2006 murder of three university female students.
Baguma explained that the trial judge Yasin Nyanzi was away in Nakasongola on other court duties.
Last month justice Nyanzi gave a 30 days ultimatum to trace the whereabouts of the two court assessors in the case after principal state attorney Gladys Nyanzi informed court that the whereabouts of the acessors are still unknown.
The judge reached the decision after court failed to rule on the case that had stalled for 11 years because of the disappearance of the assessors since 2006.
Justice Nyanzi had ruled that he will be forced to grant unconditional bail to Walusimbi if by today the registrar had failed to locate the whereabouts of the two court assessors.
The judge further noted that the suspect has had his rights to a fair and speedy trial violated for the past 11 years that he has been on remand awaiting the determination of his case.
The judge explained that if the office of the registrar finally locates the two court assessors by then, the state can re arrest Walusimbi have him charged and committed to stand a fresh trial for the different murder counts.
He said that in case this happens the case will be the longest retrial after 11 years when Walusimbi was first committed for trial.
Walusimbi was arrested on January 21st/2006 as a result of a joint crack unit by police when 2 female bodies were found raped with slit throats but dumped in different areas in Kampala.
He was consequently charged before Buganda Road Court with 3 counts of murdering Moreen Nabbale, Jacqline Najjombwe and Maria Kaitesi.
By Sania Babirye
Anti corruption court chief magistrate Agnes Alum has granted a five million cash bail to state Minister for Labour , Employment and Industrial relations Herbert Kabanfunzaki.
The state minister has also been ordered to deposit his passport and two land titles that he owns with his wife in court until the case is dispossed.
The chief magistrate ruled that the minister had no criminal charges pending against him and that his surities were substantial.
The state had asked court to deny Hon.Kabafunzaki bail on grounds that he is likely to abscond once released and due to his status as an MP and state minister he might use it to interfere with witnesses.
However the magistrate dismissed their application saying court can not deny him bail on mere speculation.
By Sania Babirye
The Rwenzururu kingdom Prime Minister Thembo Kitsumbire has been released on bail. Jinja High court judge Eva Luswata granted Kitusumbire a non -cash bail of 75 million shillings while his sureties entered into a non cash bond of 100 million shillings each.
Court set other bail conditions similar to those set for the temporary release of the Rwenzururu king Charles Wesely Mumbere. Kitsumbire’s movements have been restricted to districts forming the Kasese region. While releasing Kitsumbire on bail, court put into consideration his advanced age of 62 , grave illness ; hypertension, ulcers and prostate related problems which cannot be handled in prison.
The Rwenzururu kingdom premier has been on remand at Luzira prison since December last year on charges of murder, terrorism and treason in connection with November 2016 violence in Kasese district that left more than 100 people dead. . He is charged alongside Omusinga Charles Wesley Mumbere and more than 170 royal guards.
Rwenzururu King Charles Wesley Mumbere has been granted bail.
Jinja High Court Judge Eva Luswata said Mumbere does not have any history of jumping bail and had presented a list of prominent Ugandans as his sureties. These include MPs Winnie Kiiza, William Nzoghu, Harold Muhindo, Robert Centenary and former Rwenzururu Prime Minister Constantine Bwambale.
Mumbere was ordered to sign a non-cash bond of 100 million Shillings. His sureties will also sign a non-cash bond of 100 million Shillings each. He will not be allowed to travel to the districts of Kasese, Ntoroko, Kabarole and Bundibugyo during his time on trial.
Mumbere was arrested on November 27, 2016 following UPDF-led operations in Rwenzori region that culminated into the attack on the Palace of Obusinga bwa Rwenzururu. The army was reported to be searching for persons suspected to be involved in attacks in Rwenzori region.
He, together with over 150 Royal Guards, were subsequently charged, with terrorism, murder, aggravated robbery and attempted murder.