Traders accused of assaulting KCCA officer granted bail

By Sania Babirye

City hall grade one magistrate Beatrice Kainza  granted a 200,000U shillings each  cash bail to  Nine traders from Usafi market  who are charged with assaulting KCCA law enforcement officers while on duty this month.

These were charged and remanded to Luzira prison on the 13th of this month after they pleaded not guilty to the offenses.
They have been ordered to return back to court on the 16th of May 2018 as investigations into the case continues.
Prosecution states that on the 13th of this month while at Usafi market the group led by 50year old Peter Simulema threw stones at  law enforcement officer while on duty.

Court grants suspects of the Finnish national murder bail

By Sania Babirye
Buganda Road Court  chief Magistrate James Ereemye Mawanda has granted five murder suspects bail.
The five are charged with causing the  death of a Finnish national at Pearl of Africa Hotel in Nakasero within Kampala city.
 Four of the suspects have been ordered to deposit  ten million shillings each  in cash while a one Caroline Alinda  has been released on a  court bond of ten million shilling.
The magistrate observed that Caroline was pregnant and it would be unfair to keep her in prison due to her delicate condition on top of not being able to raise the 10 million in cash.
These will return to court on the 24th of April 2017 when court will start hearing the case.
Thomas Juha Petteri Terasvouri  was found lying dead in his hotel room atc Pearl of Africa Hotel in Nakasero within Kampala and a postmortem report showed that he died as a result of drugs found in his body.
On the 22nd of March five people including  a senior intelligence officer with  the Internal Security Organisation(ISO) Appollo Kyabagye ,   Fatuma Kabagambe , a one Caroline Alinda , a special hire driver Nasif Walusimbi and  the deceased’s  girlfriend ; Faridah Naggayi  were arrested and charged with manslaughter , forgery , trafficking in drugs and conspiracy to commit a felony .
Prosecution states  that on the 6thth of February 2018 at Pearl of Africa Hotel in Nakasero , the five are said to have connived to kill Thomas Juha Petteri Terasvouri  by  allegedly  administering  narcotics  to him which they  sneaked  into his hotel room  but they deny all  the charges.
These are also charged with forging a  letter purporting to have  been written and signed by  ISO Director General, Col.Kaka Bagyenda whereas not.

Telecom company employees charged with fraud granted bail

The two MTN employees charged for attempting to defraud Members of Parliament have been granted bail.

Twenty nine-year-old Kigenyi Nasser, a service advisor with MTN Uganda and Magembe Henry 37, a salesman have today been granted a cash bail of three million shillings each and ten million shillings non-cash bail to the six sureties, three standing in for each of the suspects.

The Bail application was granted basing on the substantial sureties presented in court. The sureties standing in for Kigenyi include his wife Aliba Ritah, Nantale Hasfah, a sister and Isabirye Saleh, a teacher at Kakungube Senior Secondary School Mubende.

Those standing in for Magembe are his three brothers Kenneth Magembe, a senior structural Engineer, Musazi Micheal, a head teacher at Agha Khan School and Mugerwa Dauda, a resident of Nabweru South on Nansana Municipality.

The suspects face nine counts including electronic fraud, unauthorised obstruction of simcards contrary to section 16 of the Computer Misuse Act. State prosecutor Viola Tusingwire told court investigations are still ongoing.

Prosecution told Bugabda Road Chief Magistrates Court that in February this year, the suspects conspired to defraud State Minister for Lands Persis Namuganza, State Minister for Agriculture Christopher Kibazanga, Western Youth Member of Parliament Mwine Mpaka and businesswoman Mercy Kyakunda.

The suspects allegedly swapped simcards belonging to different Members of Parliament with intention of securing unfair monetary gains.

The suspects return in court on April 17 for mention of their case.

 

~URN

Police officers accused of kidnap have been released on bail

By Sania Babirye
The General Court Martial at Makindye has released on bail  three [3] out of the seven[7] jailed  police officers battling kidnap charges.
A panel of seven members of  the Court Martial  chaired by Lt. Gen Andrew Gutti has released D/CPL Amon Kwarisima , SPC Faisal Katende and D/ASP James Magada  on grounds that the  junior ranking  officers  can neither interfere with  on-going CMI investigations nor threaten prosecution witnesses.
 The three officers have been released on a non cash bond of ten million shillings each while  their sureties  entered  non  cash bond  of 5 million shillings each.
 The bailed officers must also report to the registrar of the General court Martial twice  every  month and ordered not to  travel out of Kampala without permission from  court.
 Court warned that failure to abide by the above conditions will automatically lead to cancellation of bail.
The seven men are facing charges of kidnap of  three Rwandese nationals and unlawfully conveying  them to their country against their will.
Other suspects Joel Aguma,   Nixon Agasirwe ,  Benon Atwebembeirwe and Abel Tumukunde  have been remanded back to Luzira prison and Makindye military police barracks respectively until the 5th/February/2028  as CMI continues with investigations.

Sheikh Yunus Kamoga applies for bail siting old age and deteriorating health

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.

Kanyamunyu applies for Bail for the forth time

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.

Work at standstill as judicial officers continue with their strike

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.

 

State prosecutor demands cancellation of Stella Nyanzi’s bail

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.

Court grants bail to police officers accused of torture

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.

Serial killer Walusimbi’s bail fails, court sends him back to Luzira

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.