Human Rights defenders demand that Kayihura be produced in court

Human Rights organizations demand that the Uganda Peaple’s Defense Force as a matter of urgency to produce the arrested people before the competent courts of law and stop abusing their constitutional rights of 48 hours rule.

Among the arrested people mentioned includes the former Inspector General of police General Kale Kaihura who is currently detained at Makindye barracks

The programs officer at the Human rights network Uganda Patrick Tumwine says arresting everyone is not the solution but rather should go through court processes to be charged if found guilty.

Since October 2017, close to 26th senior police officers including the former IGP have been arrested by CMI on allegations of involvement and abating crime.

By Wasswa Deo

NFA demands for special environment courts

By Robert Segawa

National Forests Authority wants government to put in place a special court to handle cases related to environmental cases.  This was disclosed by Paul Buyerah Musamali the acting executive director NFA while addressing the media at the head offices in Bugolobi.

Musamali says court injunctions are one of the reasons which have hindered NFA cases against forest encroachers and illegal lumbering suspects in court.

He adds that some court cases take long to be disposed of which he said government losses millions of money and gives chance to others to continue destroying forests.
Musamali explained that NFA has organized August 6th as the day when it will roll out national wide campaign for tree planting to help replacing those lost to illegal lumbering. NFA says in conjunction with Uganda National Roads Authority it will distribute free tree seedlings to people to plant trees along all major roads in Uganda.

Court finds Kamyuka guilty of unintentionally killing colleague

By Sania Babirye

High court justice Wilson Kwesiga has acquitted Kampala bussinesman Ivan Kamyuka of murdering his colleague Ahimbisibwe Johnnie at club Guvnor in Kampala in August 2015 but found him guilty of  manslaughter.

While convicting him of Manslaughter, justice Kwesiga ruled that Kamyuka used  excessive force while attacking Ahimbisibwe.
Justice Kwesiga explained that the convict ignored the role of other mediators such as Security and other dancers at the night club who tried to  repel him against the deceased who had attacked his lover also lady at centre of contention Nima Nyarwaka a former wife to the deceased whom he had a seven year old son  with.
The judge has however aquitted him of murdering the deceased on grounds that he did not intend or willfully kill the deceased and that Kamyuka acted in self-defense of his lover after Ahimbisibwe attacked her first by calling her insulting words like prostitute, bitch and injured her face, lips, teeth and hands when he broke a glass in front of her.
The judge has  further ruled that any reasonable spouse would have used any deadly force to repel attack against his partner and that Ahimbisibwe did provoke Kamyuka by violently assaulting  and abusing his lover and as a result he was entitled to defend her.
Justice Kwesiga has also taken into account evidence seduced by the defense showing that the deceased was a violent man whose violent behavior led to him being deported from Sweden and the fact that his former lover divorced him in 2013 as a result of his violent behavior.
He also ruled that Ahimbisibwe Johnnie unlawfully died of excessive bleeding due to a deep cut wound  he sustained on the neck as a result of an assault on 2nd  of August  2015 at Glub Guvnor.
He has now cancelled Kamyuka’s bail and set this afternoon to hand him his sentence.

Lukwago, Betty Kamya fail to agree outside court

By Sania Babirye
The case between Kampala Lord Mayor Erias Lukwago and Kampala minister Betty Kamya  is to undergo a full trial after minister Kamya refused to honor a possible out of court settlement.
 On the 24th of April, High court judge Heneriata  Wolayo has advised both Kamya and Lukwago to exhaust all avenues of a possible out of court settlement.
Justice Wolayo also appointed Christopher Rukyekerere to mediate between both parties and inform her about the progress of the mediation today.
However Rukyekerere has today informed court that the case should go for a full trial since minister Kamya refused to even show up for the mediation meetings.
He explained to lawyers McDusman Kabega and Lukwago that that the actions of minister Kamya proves that he will not reach an out of court settlement and the only solution is to send the file back to the judge for a full trial.
The court has now set the 12th of July to commence hearing of the case.
Minister Kamya has also been summoned to appear on that day in court to be cross examined for allegedly passing off as the KCCA head well as not since she was not the one the voters elected.
Lukwago accuses minister Kamya of  interfering in his executive powers by  illegally passing-off as  the political head of the city well as not.
According to  Lukwago  his mandate to serve as the duly elected Lord mayor for Kampala City  has been usurped by Kamya who even took a decision  on the
23rd  of  January 2018  to suspend council meetings where deliberations and decisons  on how to govern the city are made .
According to  documents before court, Lukwago claims that  Kamya  stalled the council meetings on grounds that they  are illegal and nolonger  relevant to the city a decision that Lukwago describes as irrational and unreasonable .
Lukwago is  now   seeking  orders to  quash   Kamya’s decision regarding the legality of Council meetings and another   decision that subjects  all his travels as the Lord Mayor to a ministerial permit.
Lukwago says   such decisions  are an  infringement and abuse of his rights and freedoms .
Lukwago is also  seeking  orders to compel Kamya to put in place a metropolitan physical  planning committee  as required by the KCCA Act arguing that the absence of this  committee negatively  impacts him in the performance of his   execute  duties of developing  and strategizing  for the city.
Through his own  law firm of Lukwago and company advocates, Lukwago contends that unless court intervenes and restrains Kamya from making such irrational decisions and passig-off as the Lord Mayor , the sovereignty of the people of Kampala will be put in jeopardy and  hence forth affect  the social contract he made with his voters in May 2016 .

Ssekikubo case against LDC referred for mediation

Hearing of a case in which Lwemiyaga county MP Theodore Sekikubo is suing the  Law Development center(LDC) for excluding him from the concluded April graduation  has been referred for mediation.
The case had come up today for Hearing, however high court Justice Henerrieta Wolayo instead ordered both parties  to use the mediation process to reach a peaceful out of court settlement and also saves courts time from a possible  long public case hearing.
However Justice Wolayo has  not  appointed a  mediation Judge on grounds that she will need the LDC to first present documents from the director of LDC and the marking guidelines they used  for the 26th April graduates by this coming  Monday.
In his application Ssekikubo wants court to rule that LDC erred by not allowing him to graduate and also wants court to order LDC to give him his transcript.
 On the 26th of April, Deputy Registrar in- charge of civil  matters Sarah Langa oked the graduation ceremony to take place  in  which over 1302  students were awarded their law practicing certificates, dismissing Ssekikubo’s application for an injunction.
While dismissing the application the Deputy registrar ruled that it would not be fair to stop the graduation ceremony because it would  mean that court  endorsed  an illegality by ordering that Sekikuubo is included on the graduation list  yet  he failed an exam adding that two wrongs do not make a right.
She there for advised Ssekikubo to pursue his main case  and table evidence before court  to prove that the 1302 graduation list contained students who failed just like him.
He contends that even though he  failed one paper ; corporate and Financial practice  in which he scored 37%, it’s discriminatory for the LDC Management committee to allow other 201 to  graduate and leave him out  without a justifiable reason .
The case been adjourned to the 3rd of July 2018.

Kitata challenges army court trials

By Sania Babirye
Troubled leader of the now defunct   Boda-Boda 2010 Abdullah Kitata who is charged with unlawfully possessing fire arms and army uniforms has challenged his trial by the Army court.
Kitata has filed an application  before the Highcourt  in which he wants court to declare that the General court martial sitting in Makindye is illegally trying him.
In his application , Kitata is suing not only the army court but also it’s registrar John Bizimana, Judge Advocate Gideon Katinda, the Army prosecutors ,  the Attorney Genaral and the Director of Public Prosecutions.
He accuses the plaintiffs of  violating his fundamental rights by trying him in the army court yet he is not a soldier.
 According to Kitata, high court should declare his trial null and void on grounds that the army court has no powers to try him since he is not an army officer but a civilian.
He says that in that regard it should be the high court with jurisdiction  to try him and wants an order also transferring his case to either a magistrate or criminal division of  the high court.
This application  comes after the army court last week commenced his trial in which his alleged three guns, 15 bullets and army uniforms were exhibited in court as evidence to prove the charges against him.
The same court also denied Kitata’s bail application on grounds that he is likely to interfere with witnesses due to his close working relationship with the Uganda Police police and luck of substantial sureties.
The same court also refused Kitata’s request to be transferred transferred from the Makindye military police barracks were he is currently on remand to Luzira prison.
Kitata has been on remand  since February /2018 .
Him and 12 others are charged with  unlawful possession of firearms and Military gear.
Kitata   faces  5   counts of being in unlawful possession of an SMG gun, 3 pistols  and 50 rounds of live ammunition that  prosecution states were  found on him on 18th/January 2018 at vine hotel in Wakaliga.
 According to   Prosecution the above items   are  only a monopoly of the UPDF.

IT Minister Tumwesigye dragged to court

By Sania Babirye

A member of the ruling National Resistance Movement David Kamukama has gone to the high court in Kampala challenging the nomination of  fellow party member and also minister of Science and Technology Elioda Tumwesigye’s nomination in the coming party primary for  the Sheema municipality  elections.

Kamukama says Tumwesigye who is also the current MP for Sheema North’s nomination   is illegal because he was nominated out of time which was four days after the official nomination program.

He is now seeking court to quash minister Tumwesigye’s nomination.

The party primaries are slated for the 31st of this month while elections will take place on the 19th of July 2018.

Kamoga denied bail

By Sania Babirye
The Court of Appeal  led by  Justice Christopher Madrama has denied to grant bail to the convicted and jailed former Tabliq muslim sect leader Sheikh Muhammad Yunus Kamoga.
The same Justice denied  bail to another sheikh Siraj Kawooya who is Kamoga’s co convict two weeks ago. Just like in the case of sheikh Kawooya, 66 year old Sheikh Kamoga’s bail application has been dismissed on grounds that he no longer enjoys enjoys the presumption of innocence until proven guilty since he had been already convicted of a capital offense relating to terrorism.
Justice Madrama has also ruled that Sheikh Kamoga is also likely to abscond from bail since he is serving the second most capital punishment of life imprisonment. He also declined Kamoga’s advanced age of 66 years and  poor health conditions were Kamoga had alleged that he needed  special palliative care for severe hypertension,  Ulcers and gross obesity which can expose him to cardiac complications.
However, Justice Madrama ruled that Kamoga did not prove to the satisfaction of court that Luzira prison Authorities can not manage his poor health condition.
Justice Madrama also refused Kamoga’s submissions that his  appeal has a high chance  of succeeding because  state failed to place him at the murder scenes of both since none  of the prosecution witnesses placed  his client at the scenes of murder of the 2 sheikhs; Mustapha Bahiga and Hassan Kirya and its fair and just to temporarily release him.
The justice has however ordered  the court of appeal to fix a date to start hearing of his appeal instead of the convicts being granted bail.
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 2017

In july 2017, three justices of the international crimes division of the high court led by justice Eziekel Muhanguzi setenced 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 .

Jamwa’s bail ruling expected today

By Sania Babirye
The Supreme Court is this morning expected to rule on the bail application filed by the convicted and jailed former NSSF managing Director David Chandi Jamwa.
The date was  set by a single justice Stella Arach Amoko after concluding hearing of Jamawa’s application .
This comes after the  court  of appeal maintained the corruption and 14 year jail sentence that was handed to Jamwa by the anti corruption court in 2011 for causing government a 3.1 billion financial loss.
Jamwa  began his 14 year jail sentence in January this year after being out on bail for the past since years while challenging his conviction and sentence but appealed both anti corruption court and court of appeal decisions and also applied for bail.
Jamwa who has been represented by lawyers of AF Mpanga wants to be temporally released on five grounds including the fact that he has lodged an  appeal before the Supreme court challenging both his conviction  and sentence and that his appeal has high chances of success.
Jamwa further claims   that his health requires specialized medical attention and a balanced nutritional diet which he is unable to access while serving his sentence in Luzira prison.
Jamwa has stated that he will not violate any bail conditions as witnessed in his earlier bails granted by the two lower courts.
However ,  Prosecution has asked the supreme court to dismiss Jamwa’s bail application.
According to  state Attorney from the IGG’s office Rogers Kibobe, James was found guilty to offenses relating to economic loss
and he is no longer presumed innocent  to be legible for bail since he has not even  served five 5% of his sentence since  his conviction in 2011.
 Kinobe says Jamwa’s medical form only indicates that he suffers from  obesity and hypertension and does not indicate that the medical facility in Luzira prison  cannot handle his situation or does it recommend the him to external treatment.
Jamwa was found guilty of abusing his authority as NSSF MD when he  sold  -off pre-mature NSSF bonds to Crane Bank which occasioned a 3 .1 bn shillings loss to the fund.
However Jamwa who had  been out on bail since 2011 still maintains no loss was realised by the fund as he re-invested the money  from the sold bonds from which NSSF reaps profits.

Army court orders CMI to handle case of Rwandese Nationals kidnap

By Sania Babirye
The army court sitting in Makindye has ordered the Chieftaincy  Military intelligence (CMI) to  expidite investigations in a case in which  Seven police officers are charged with  the Kidnap of 2 Rwandese nationals . Joel Mutabazi and Jackson Kaleemera and unlawful possession of firearms.

This is after prosecution led by Maj.Rapheal Mugisha informed the seven member court chaired by Lt.Gen.Andrew Gutti that he was not able to summon any witnesses in court today since the case file is still with CMI who are still carrying out cross boader investigations.

Now the case has been adjourned to the 5th of June 2018 and the suspects remanded to Luzira and Makindye Military barracks were they have been for the past 9 months.

The seven police officers  include; SPC Joel Aguma,  SSP Nixon Agasirwe Karuhanga, D/ASP James Magada, D/AIP Benon Atwebembeirwe, D/Sgt Abel Tumukunde , SPC Faisal Katende and D/CPL Amon Kwarisima.

These  are  jointly charged with 2 civilians including  a Rwandese national; Rene  Rutangugira and a Congolese  national Bahati Mugenga Pacifique.

Prosecution  led by Maj. Rapheal Mugisha states that on the 25th/October 2013 at Kamengo in Mpigi district, while the accused where in unlawful possession of firearms and grenades which are ordinarily and  a monopoly  of only the UPDF, they  conveyed  Mutabazi and Kaleemera   to  the Republic of  Rwanda without their consent.

Prosecution further  states that on the 24th /October  2017 at Najeera within Kiira division in Wakiso district , the 7 police officers together with 2 civillians were found in unlawful possession of 4 grenades which are ordinarily a monopoly of the UPDF.