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.

Court grants minister Kabafunzaki bail

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.

On Tuesday, the minister pleaded not guilty to corruption and bribery charges slapped against him by state.
Through his lawyer Kenneth Muhangi Hon.Kabafuzaki sought bail on grounds of bail being his constitutional right to apply for bail, has a fixed place of aboard in Kanyanya cell and that he will not interfere with state witnesses.
The state minister also informed court that he was  the soul bread winner of his family including his four children who are all below the age of 18, he is a law abiding citizen who will not abscond once released and has substantial sureties.
The minister presented five sureties including his wife Doreen KABAFUNZAKI, his brother Charles Mutabazi and his friend Dr.Eryabu Byamukama a lecturer at Kampala international university.

Kabafunzaki was charged on Tuesday  with his political aid  Brain Mugabo who pleaded guilty to have hid the 5 million the minister received from Mohammed Hamid and an interior designer Bruce Lubowa who also pleaded not guilty to the charges of  conspiring  to solicit a 15 million shillings Bribe.

Prosecution states  that between the 6th and the 8th April 20217 at Serena Hotel in Kampala district,  Kabafunzaki directly solicited and accepted  a 5 million shillings Bribe from an Indian Investor Muhammed Muhammed Hamid,  the chairman Aya group of companies as an inducument to clear him of sexual harrasment allegations levied against him by his former employee.

Mugabo was separately charged with being an accessory after being convicted on his own plea for a linear punishment.

The minister was arrested on Saturday last week at Serena Hotel where he allegedly corned by State house operatives receiving the said bribe.

Rwenzururu kingdom prime minister released on bail, court sets conditions

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.

Mumbere released on non cash bail of 100million UGX

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.

 

 

-URN