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 .