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.

Mwanje and others return to court for trial over Kigundu

 By Sania Babirye

The former acting Amir of Nakaserero Mosque  sheikh  Yahaya Ramathan Mwanje and seven others have been committed to the international crimes division of the high court to be tried over murder and terrorism charges.

This morning senior prosecutors Lillian Omora and Jonathan Muwaganya informed Buganda road  court chief magistrate Jamson Kareemani  that the Director of Public prosecutions Mike Chibita has directed them to have the accused committed after completion of investigations.

 On the 6th of this month Sheikh Mwanje and his first three co accused  were charged afresh with Murder, Terrorism and aiding a terror group ADF after the DPP withdrew his first murder charges that Sheikh Mwanje and three others were already being tried in the high court.

The process was to allow state to add four more suspects and slap fresh charges of Murder, Terrorism, and aiding a terror group  on all the suspects so that the entire group can be tried together.

The new suspects  are part of the 14 people  who are also charged with the murder of former police spokesman AIGP Andrew Felix Kaweesi.

They include Yusuf Nyanzi,  Kalyango Jibril, Balyejusa Noordin and Bruhan Balijusa.

Other suspects include 43 year old bodaboda rider  Buyondo Muhammad a resident of Nsanji, 37 year old Sendegeya Abdul Wahab a bodaboda rider in Kyengere Nsanji and a 43 year old  business man in Masanafu  Sekandi Musa.

According to  the new charges Sheikh Mwanje and his co accused with others still at large,  on the 26 of November 2016 at Masanafu trading center Rubaga division murdered Major Muhammad Kigundu and his body guard  sergeant Stephen Mukasa.

The state further says that the suspects between 2010 and 2017 within the different district in the country aided and abetted terrorism by way of recruitment and  rendering support in form of training ADF members .

Meanwhile Nyanzi and Kalyango are  separately  charged with belonging and confessing to belong to ADF between 2010 and 2012.

The chief magistrate has however bared them  from  pleading to the new charges since they are capital in nature and only tried and bailed by the high court.

They have all been remanded to Luzira prison until the court will finally set a date for hearing of the case.

Mwanje  was arrested in November 2016 and detained  at Nalufenya until January 2017 when  he was finally charged.

Semwanga’s body will not be exhumed, court rules

By Sania Babirye

The High court in Kampala has dismissed an application that was seeking  orders to  have  the body of the late Ivan Ssemwanga exhumed  after he was buried with legal tenders.

On Monday,  high court judge  Marget Oguli -Oumo  declined  to grant a concerned citizens Abey Mgugu’s request in which he sued  A-plus funeral management  that was in charge of the burial and funeral arrangements on grounds that A-plus was not responsible for the supervision and enforcement of respect of currency notes in its contract with the deceased’s family.

Justice Oguli Oumo has also ruled that Mgugu does not have a cause of action  against A-plus because it’s   not the  company that  threw money into Ssemwanga’s  grave, some thing which would have given rise to this case.

She has further  exonerated Bank of Uganda which the petitioner had accused  of  neglecting its statutory duty to protect currency on grounds that the  Bank of Uganda Act gives it no duty to enforce respect of the Ugandan currency and those from other jurisdictions such as the US dollar and the South African Rand that Mgugu claims were also thrown in Ssemwanga’s  grave.

Mgugu had petitioned the high court because he wanted Ssemwanga’s grave opened and have the money put back into circulation.

He had accused A-plus funeral service and Bank of Uganda of failing to protect a legal tender by looking on as the youths from the Rich gang threw money  into the grave as Ssemwanga was being buried on the  30th of May 2017 at Nakaliro village in Kayunga district.

However Bank of Uganda still has a pending case before Justice Stephen Musota  where another concerned citizen Robert Ssenfuka  is also seeking Ssemwanga’s body be exhumed and put back all the money that was buried with him  into circulation.

Justice Owiny set to replace Justice Steven Kavuma

President Yoweri Museveni has appointed Justice Alphonse Owiny-Dollo as the Deputy Chief Justice.

In his August 18 letter to the Speaker of Parliament, the president also appointed Justices Paul Mugamba and Richard Buteera to the Supreme Court bench.

“This is, therefore, to forward to you their names and Curriculum Vitae for parliamentary approval,” the president concludes his letter.

The letter is copied to the Prime Minister, Minister of Justice and Constitutional Affairs and the Chairperson of the Judicial Service Commission.

If approved by Parliament, Justice Owiny-Dollo will replace Justice Steven Kavuma who retired in April having served in the position for two years.

In May last year, Justice Owiny-Dollo convicted seven men behind the July 11, 2010 terror attacks in Kampala that claimed the lives of 74 people.

The double bombing targeted two venues the Ethiopian Restaurant and Kyadondo Rugby Club as revelers watched the World Cup Final match between Spain and the Netherlands.

Five of the convicts were sentenced to life imprisonment while the two received 50 years each. Thirteen others were acquitted.

It was the calm demeanour with which Justice Owiny-Dollo handled the highly sensitive case that endeared him to many. The men could have faced the death penalty, the maximum for terrorism, but Owiny-Dollo said he did not believe it would act as a deterrent.

 

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Boda Boda rider fined over Ugx 1M for operating without a permit

By Sania Babirye

A boda boda rider has been fined 1.1million shillings  for operating without a  permit.

Azizi Ssekitoleko was found guilty by City hall grade one magistrate Moses Nabende for operating the bodaboda without a driving permit and  third party insurance.

While fining  him, the magistrate ruled that evidence adduced by prosecution’s  four  witnesses was sufficient enough to prove that  he committed the offense.

The magistrate however said that if he fails to pay the fine he should serve  a 14 months’ imprisonment in Luzira prison.

Prosecution led by Pamela Orogot states that, Ssekitoleko on July 28th2017 at Acacia Avenue in Kampala at around 9; 00pm was found driving a motor cycle without a driving permit and third party.

The convict was arrested by police officers from Kira road police station who were  patrolling the area.

KCCA law enforcers granted bail after being charged with Manslaughter

Four Kampala Capital City Authority-KCCA Law Enforcement Officers picked up in connection with the death of Oliver Basemera, a hawker, have appeared in court.

The four appeared on Thursday afternoon before Lillian Bucyana, the Nakawa Chief Magistrate on charges of manslaughter contrary to section 187 and 190 of the Penal Code Act.

They are Tito Kigiro, Eria Waswa, Moses Tebyasa and Farouk Mpima. Ntwiba Kaine, the State Prosecutor told court that on August 4th, 2017 while at Mukwano Round about in Central Division in Kampala District, the four unlawfully caused the death of Oliver Basemera.

She drowned in Nakivubo channel on Friday last week while evading arrest by the KCCA Law enforcement team. The suspects pleaded not guilty to the charges and applied for bail through their KCCA lawyers, Hillary Musimenta and Michael Mukwana.

Mukwana told court that the suspects are first time offenders and have been in Police Cells since Friday. He also told court that the four are KCCA employees and willingly reported to Jinja Road Police Station when they were called to record statements.

Each of the suspects presented three sureties. The state prosecutors raised no objection to the bail application. Lillian Bucyana, the Nakawa Chief Magistrate granted the suspects bail on Shillings 500,000 cash and bonded each of their sureties for  Shillings 3 million not cash. She asked the suspects to return to court on August 21st for mention of their case.

Section 187 of the Penal Code states that “any person who by an unlawful act or omission causes the death of another person commits the felony termed manslaughter”.

The Penal Code Act defines an unlawful omission as “an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.”

Section 190 stipulates that “any person who commits the felony of manslaughter is liable to imprisonment for life.”

 

 

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Two men sent to jail for robbery

By Sania Babirye

Two men who broke into a house and stole household items have been handed an 11 year jail sentence each by  the  high court in Kampala.

Geoffrey Nyanzi and Richard Ssebuwa have been sentenced by high court judge Joseph Mulangira after they were found guilty of robbery charges.

While sentencing them, the judge noted that the harsh punishment should serve as a deterrent to the increased house break in crimes were many Ugandans continue to lose their lives at the hands of the thieves.

The judge has also fined  each man two million shillings for the stolen items.

Prosecution states that on the 12th of may 2013 at Abayita Ababiri  in Katabi town council, Richard Ssebuwa and Geofrey Nyanzi broke into the house of Namuli Grace and stole items including a radio, a bag, DVD, TV, money among other household items.

Stella Nyanzi wants her case dismissed

Makerere university researcher, Stella Nyanzi has asked court to order the Director of Public Prosecution to try her  case or  have it dismissed.

This is after Prosecution  led by Jonathan Muwaganya today  informed  court that although the case had come up  for mention , they want to wait until the constitutional court pronounced itself on Dr.Nyanzi’s  Mental treatment act  application pending in the constitutional court because it has a large  bearing on the case trial.

However Dr.Nyanzi’s lawyer Peter Walubiri has told court that the mental treatment application which his client petitioned challenging state against examining her head has no bearing on the criminal case hearing unless state’s aim is only  to declare Dr.Nyanzi Mad but not try her over the alleged computer misuse charges.

Walubiri further says that the delay in prosecution is affecting his client’s  finances because she continues to appear in court while state keeps on asking for adjournments.

This has forced Buganda road court chief magistrate James Eremye Mawanda to order prosecution to consult the Director of Public Prosecution on when Dr.Nyanzi’s criminal case trial should begin.

The  case has been adjourned to the   21 of August 2017.

Prosecution States that between January and March 2017 at  Kampala district,  Nyanzi while having no legitimate purpose of communication posted on her Facebook page suggestions and proposals referring to his Excellency president Museveni  that he is a pair of buttocks.

If further alleged that Nyanzi  willfully and repeatedly using electronic communication posted offensive messages via Facebook with an intention of disturbing peace and the privacy of president Museveni.

Police fails to produce anti Museveni suspects in court

Police in Mbarara have failed to produce in court three people who were last week arrested for allegedly conducting a mock funeral for President Yoweri Museveni.

The three are 20-year-old Abert Nangumya, a student at Bishop Stuart University, Rodgers Asiimwe, 26, and Maxi Muhumuza, a spokesperson of Ankole Kingdom. They were on Thursday found in possession of a coffin with an inscription “Rest in Peace Museveni,” and a portrait of the president.

In the same coffin, were names of Justice Minister Kahinda Otafiire and several Members of Parliament.

According to police, the suspects were protesting against a ploy by government to amend Article 102 of the 1995 Constitution which puts a ceiling on the age of the person holding office of the president at 75.  They face charges of sedition that carries a sentence of up to five years in prison if found guilty. The case is registered under file number SD 06/06/07/2017.

Early today, a group of friends and relatives had gathered at the Mbarara High Court where the suspects were expected to appear but this did not materialise as the suspects were nowhere to be seen.

Alex Mukanga is one of those who thought that the suspects would be brought to court. He says that he was disappointed to see that the police brought other suspects leaving the group behind.

Bright Muhumuza, another concerned resident says that the behaviour of the police in this matter indicates that they are interested it. He says that he and his group have since Thursday made several attempts to visit the suspects and talk to them in addition to securing bond for them in vain.

Medard Bahumwire, a friend to Rodgers Asiimwe, one of those arrested, faults the police for denying him and other people a chance to visit the suspects which he says is unacceptable. Bahumwire says that holding the suspects beyond 48 hours and failure to produce them in court tantamount to a human rights violation.

Rwizi regional police spokesperson Samson Kasasira, however, told URN that the police are not playing any games as alleged. He says the police are waiting for a file on the matter from the Directorate of Public Prosecutions (DPP).

He says that once a response is received from the DPP, the police will take the necessary action.

The protest comes at the  backdrop of reports that a section of National Resistance Movement – NRM party legislators have mooted a plan to amend the constitution to allow President Museveni to contest for the presidency in 2021 and that the constitutional amendment bill on the same has already been gazetted.

Under the current provision in Article 102(b) of the constitution, President Museveni would be above 75 years and therefore ineligible to contest for the seat. Born in 1944 and in power since 1986, Museveni will hit 75 in 2019, two years before the general elections.

 

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Hearing of Ivan Kamyuka’s murder case is slated for today

By Sania Babirye

Kampala businessman Ivan Kamyuka who is charged with murdering a one Ahimbisibwe Johnnie  a socialite  while at Govnor club in Kampala in 2015 returns at the high court for further hearing of his case before high court Judge Yasin Nyanzi.

Prosecution today is expected to present more s witnesses to testify against Kamyuka who has since pleaded not  guilty to the offense.

Senior principle attorney Jane Kajuga has so far presented witnesses including a doctor who examined the suspect and found him to  be  of sound mind  and a video footage that was captured on that fateful day by CCTV cameras where Kamyuka is seen punching Ivan Ahimbisibwe many punches  including one particular punch  around his chest near his heart that made him fall to the ground unconscious.

On the 10th of August 2015  Nakawa court grade one magistrate Christine Natenge committed Kamyuka to the high court for trial and he was later released on a five million cash bail.

Prosecution says it has  evidence including a broken bottle kamyuka allegedly used to kill Johnnie.

State further states that it intends to prove that Nina Nyaraka the girlfriend to Kamyuka and john had a child together and that in august 2015 while at Governor club in Kampala a fight broke out between Nina and Johnnie however when Ivan went to rescue her he ended up killing him.

Kamyuka was charged with the murder of Ahimbisibwe  Johnnie on the 1st of August 2015 at club Govnor in Kampala.

He is alleged to have smashed a liquor glass on his head causing him to bleed to death.

He was declared dead by medical officials at case clinic after he was rushed there by the clubs officials.