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.
By Sania Babirye
Anti corruption court Justice Lawrence Gidudu has ruled that the former works minister Abraham Byandala and his six co accused have a case to answer in the Mukono- Katosi road saga in which government lost over 24.7 billion shillings in shoddy upgrade work.
According to Justice Gidudu, the Inspector General of Government Irene Mulyagonja proved a pr-mafacie case against the accused after presenting 23 witness.
Justice Gidudu has explained that Byandala and others authored documents and that they must individually explain why the authored them, including the now minister without portfolio explaining to the tax payers why he did not take due diligence before signing off the contract to a fake company costing the nation billions of shillings.
The IGG thorough her attorney Sarah Birungi charged Byandala with Abuse of office , causing government a financial loss and disobedience of her orders to stop the works on the Mukono-katosi -Nyenga road.
She accuses the former works Minister to have defied the order and instead influenced the procurement process and proceeded to sign the contract to an incompetent company ETAW.
In his written submission, Byandala had claimed that he had the mandate to give policy directives as a minister however Justice Gidudu has ruled that Byandala must explain whether in his policy directive, it involved directing UNRA to sign a contract to a ghost company.
Byandala’s co accused include the former Uganda National Roads Authority (UNRA) officials Berunado Ssebbugga, Joe Ssemugooma, Wilberforce Senjako and Marvin Baryaruha.
These are charged with Abuse of office and negligence of their official duties resulting into the loss and must explain to whom they paid the money to construct the road since EUTAW has never been seen at the site .
Others include city businessman Apolo Senkeeto who has been ordered to defend himself against allegations of theft and obtaining the contentious 24.7 billion shillings by falsely representing himself as the president of ETAW -Uganda, the ghost company.
The last suspect is Isaac Mugote of Housing Finance Bank who has been ordered to explain why he failed to verify the securities presented by ETAW before releasing out the money which securities would have been a fall back position to government after investigations revealed that the company is non-existent.
However Byandala and his co accused maintained their innocence and had asked court to find a case of no answer against them on grounds that prosecution had not adduced sufficient evidence to warrant their defense .
The accused are facing 24 counts of abuse of office,disobedience of lawful orders,influence and peddling,obtaining money by false pretense and embezzlement among others.
According to the IGG,on the 14th of November 2013 Byandala ordered the signing of a contract between UNRA and Etawu, a construction company before due date for construction and upgrading of the road leading to the loss of 24.7 billion shillings to a company that was not qualified.
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.
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.
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.
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.
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.
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.”