Kitata trial flops

By Sania Babirye
Further hearing of the case against Boda-Boda 2010 patron Abdullah Kitata has flopped this morning before General court Martial after being suspended for one month to have the court reconstituted.
This morning state prosecutor Major Rapheal Mugisha informed the seven member court chaired by  Lt.Gen.Andrew Gutti that he did not summon their witness private Richard Kasaijja  to be cross examined by the defense team and needed more time to do so.
Kitata’s trial with 12 others commenced on the 21st of June with Kasaija pinning Kitata of having been found with firearms at his  hotel room at Vine Hotel in Wakaliga in Lubaga division on the 20th of January were he was in hiding.
He said that they recovered a loaded and coached pistol and an SMG gun and 15 rounds of ammunition in his car that was also  parked in the Hotel parking yard which exhibits were paraded in court.
Kasaija further  revealed that his team  arrested kitata and his brother Uzailu Kiwalabye who is the prime suspect in the murder of  case clinic accountant Francis Erunga who is believed to have been killed and his body later burnt to ashes.
Kitata 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.

Gen. Gutti sworn in as head of Court martial

Lt.General Andrew Gutti has been sworn in today for another one year term as head of the General court martial .

The sworn in Ceremony has been presided over by new Judge advocate  col.Tukacungura Richard at the army court sitting  in Makindye.
Lt.Gen. Gutti  will embark on his new and last term after being recently re appointed by President Museveni to head the army court after his term in office expired in June this year.
Lt.Gutti was also sworn in along other 10 members  including  Col.Tukacungura who replaced Col. Gidion Katinda as the judge advocate, Major.Henry Serugo,Capt.Teopista Opal and Capt.Paul Mugerwa among others.
These vowed to be object, Impartial and discret in their line of duty.
After being sworn in,the group began doing their work ny hearing caes involving both civilians and soldiers after being on recess for one month which put all cases on hold.

Court sends extortionist to jail

By Sania Babirye

A 25 year old man Mugisha Ronald has been sent to jail for four years in Luzira prison for extorting over 16 million Ugandan shillings from desperate Ugandans promising to get them  jobs at Kampala based Serena Hotel.

While sentencing him, Buganda road court grade one magistrate Kamasanyu Gladys ruled that prosecution had adduced sufficient evidence including evidence from some of the victims who pinned the convict over the charges of electronic fraud, obtaining money by false pretence and extortion among other charges.
The magistrate also explained  that the convict needs a deterrent sentence to send the would be future offenders including his co accused who are still at large from playing with  the hard earned money of many desperate and struggling Ugandans looking for jobs to better their lives and  for  tarnishing the image of Serena hotel since it never had jobs to offer.
Meanwhile state prosecutor Abdul Salamu Waiswa was happy with the punishment but advised Ugandans searching for jobs to always   first verify with alleged companies  to save them from being hoodwinked by extortionist.
Migisha is said to have committed the offenses between 2016 and 2017 in various places in Kampala in which his victims who were over 100 would give him between 5000 and 10, 000 after he promised to secure them the unavailable jobs.

Church of Uganda breaches agreement on land deal

By Sania Babirye
The Commercial court has given  Church of Uganda one last chance to settle out of court a 7.3 billion shillings case filed against the church by a consultancy company;  Land Coin  Ltd.
 This  after neither the  a Church representative nor its appointed lawyers of Sebalu and Lule advocates showed up in  court today for a mediation  hearing session .
 This has prompted the mediator Jonhson Kwesigabo to adjourn the case to the 13th/July 2018 with a warning that if church of Uganda does not appear  that day , the case file  will be  forwarded to a judge so that the matter goes through a full trial.
 The 7.3 billion shillings arise out  of a contract the Church entered into with Land coin Ltd to carry out consultations  and investigations to recover compensation from government  for  a 15 acreage land housing part of Entebbe International Airport and ministry of Agriculture.
 According to court documents , the  Church committed itself to pay Land coin Ltd 15% of the total value of the compensated land but  upon getting  the money from government, the Church breached its part of the  contract and now wants to pay 10% out of  the 48billion shillings received.
 Land Coin Ltd has since rejected the 10% offer from the church hence petitioning court for orders compelling the church to pay the full agreed percentage of 15 which is  7.3bn.

Court issues order to produce Col. Ndahura for a hearing

By Sania Babirye
High court Judge Musa Ssekaana has  issued an order directing CMI and Attorney General to produce  the former police  director of crime intelligence  Col. Atwooki Ndahura in court on the 2nd of July 2018  without fail.
This follows an application filed on Monday by Col.Ndahura’s wife Sarah Ndahura  in the High Court civil division to compel the Chieftaincy of Military Intelligence (CMI ) and the attorney General (AG) to have him produced in a competent  court immediately.

Through  their family lawyer Evans Ochieng, Mrs.Ndahura filed habeas corpus application in court saying the armed forces led by Major General Okiding the commandant UPDF artillery Masindi Barracks arrested her husband on  the 11th of June from Peace Corner Motel in Masindi Town but  has never  been produced in court up to today to answer to any charges.

She says that her husband is being held illegally and his life is in danger and his family, doctor  and lawyers have no access to him since he is being held incommunicado.
She is also suing the Inspector general of police and the chief of defense forces.
She is now demanding  over 200 million shillings from government  as compensation for curtailing her husband’s personal liberties.
COL.Ndahura is among the 26 senior  police and army officers sofa arrested for engaging in criminal activities during the General Kayihura’s 12year odd term as Inspector General of Police.

Judiciary mourns Lady Justice Jesca Naiga Ayebazibwe

By Robert Segawa

The judiciary is mourning the abrupt death of lady justice Jesca Naiga Ayebazibwe.

The late Naiga was been based on high court family division in Makindye passed on last night from her home in Ndeeba.

Her death  has been confirmed by the judiciary communications officer Solom Mwita who was described the incident as a great blow to the judiciary.

Mwita says the meeting is to be held with family members this morning to pave way for burial arrangement.

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 .