Man charged with theft of Ushs300M worth fuel granted bail

By Sania Babirye

A man who stole fuel valued at over 300 millions shillings has been charged with theft.

27 year old Lubega Hebert a store manager with Gasco United ltd and a resident of Mutundwe in Rubaga division has appeared before Makindye court grade one magistrate Patience Lonah Tukundane and denied the offense of theft.

However, he has been released on a 500,000 shilling cash bail and ordered to return to court on the 17th of this month for further mention of his case.

Prosecution says the suspect with others still at large on the 13th of March 2020 at Namasuba Makindye Sabagabo in Wakiso district,Stole 31, 773 liters of petrol engine oil valued at 337, 040,870 millions shillings.

Sakwa bail application set for tomorrow

By Sania Babirye
Hearing of the bail application of jailed Jinja RDC Eric Sakwa has been pushed to tomorrow the the 29th of April.

Sakwa is currently on remanded at Kirinya government government prison after being charged with murder and robbery by the .

Jinja magistrate court could not hear his bail due to the absence of a chief magistrate.

The 38 year old is also charged with man slaughter,causing death of Isanga Charles,theft of empire waragi worth 400k among others.

He is accused alongside 19 year old Bumali Kazimbyewa a mechanic & and 31 year old Simba Muhammed a businessman in Jinja.

Prosecution States that the three suspects and others still at large on the 22day of March and 17th of April at Lwanda village in Jinja district unlawfully caused the death of Isanga Charles.

These are also accused of robbing 800,000 shillings, three creates of beer, 8 trays of eggs,sachets of empire drinks and soda all valued at 429000 belonging to Isanga and there after used violence on him on the same day .

The suspects are also charged with damaging Isanga’s counter on the same day.

Kashaka denied bail

By Sania Babirye
The supreme Court has dismissed a bail application filed by the jailed interdicted former permanent secretary in the ministry of works John Muhanguzi Kashaka.

Supreme court justice Prof. Lillian Tibatemwa Ekirikubinza has ruled that Kashaka has failed to prove exceptional circumstances to warrant his temporary release.

She also ruled that the applicant is already a convict and serving a 10 year capital punishment on corruption charges.

Kashaka is currently serving a 10 year jail sentence handed to him by the then ant- corruption Court justice Catherine Bamugemereire in September 2014 that was upheld by the court of appeal in 2016 for causing government a 4.6 billion financial loss in the botched 2011 presidential election LC1 chairpersons bicycle scam.

The troubled former civil servant however went to the supreme Court challenging both decisions of the lower courts and applied for bail in the same court so that he can able to argue his appeal while outside.

His lawyer Peter Kinobwe had asked justice Lillian Tibatemwa to grant his client bail on grounds that he is of advanced age of 62 and that he can not contain the tough conditions within Luzira prison and has substantial sureties.

However, state led by Josephine Namatovu asked the supreme Court to deny Kashaka bail on grounds that is a convicted person who is serving a capital punishment of 10 years and that if granted bail, he is likely to flee the country among other concerns.
Kashaka was convicted together with the former Principal Accountant Henry Bamutura, and each ordered to serve 10 years and 10 days in Luzira prison and also compensate government sixth of the 4.6 billion, Sam Emorutu Erongot who was the former assistant commissioner for policy and planning were ordered to serve 13 years, Timothy Musherure the former consultant was acquitted and Adam Alum who was a member of the evaluation committee has since served his 1 year and 9 months imprisonment and was ordered to refund his share of the 600 million refund.

Three court of appeal Justices including justice Elizabeth Musike, Hellene Obura and Cheborion Barishaki dismissed the said appeal and ruled that they did not find any error in the decision of the lower court.

Justice Bamugemereire ordered them to also refund 600 million Uganda shillings to government and banned them from holding any public office for 10 years.

However, being dissatisfied, the convicts appealed both their convictions and sentences.

The four had been out in bail since their conviction and sentence and begin to serve their punishments last year.

The said bicycles were meant to be distributed to the chairpersons for mobilization during the presidential campaigns.

Bufumbira South MP granted bail

By Sania Babirye
The Bufumbira South member of parliament Sam Bitangaro and his three co-accused have been each ordered to pay seven million cash before being granted bail.

Hon. Bitangaro is charged with defrauding give 1.5 billion shillings by selling government 492 hectares of land which doesn’t existent.

Bitangaro is jointly charged with the director in the Ministry Of Gender, Labour and Social Development William Tumwine, his wife Stella Kakuba and a Kampala city lawyer Francis Owor Onyango.

Makindye court chief magistrate Prossy Katushabe granted them the seven million cash bail after each denied charges including Obtaining money by false pretense,fraud on sale of mortgage and conspiracy to defraud.

Their sureties have all been ordered to pay 200 million shillings not cash and ordered to report back to court on the 12th of February this year.

Hon.Bitangaro is charged with defrauding,1,326,000,000 from a Sacco in kiboga district called kiboga Twegatte cooperative society ltd by selling it land amounting to 492 hectares in Singo that did not own in May 2014 at the offices of Onyango& company advocates in Kampala.

He is said to have conspired with Onyango the sacco lawyer who accepted the land title and also claimed to have inspected the fake land while Knowing that it did not exist.

Kakuba and Tumwiine are also accused of obtaining 1.7Billion from the same Sacco, by falsely selling them a 390 hectare plot of land located in Gomba.

The fake land was meant to resettle over 2,579 that had been evicted from Luwunga central Forest reserve in Kiboga district.

According to prosecution, Bitangaro , Tumwine and Kakuba in 2014 allegedly presented themselves to have good and marketable tittles for land in Gomba and Kassanda whereas not and connived with Onyango who was lawyer representing the evictees under their umbrella organization Kiboga Twegatte co-operative savings Ltd to issue false inspection reports regarding the 2 contentious pieces of land .

Court sets 8th August for ruling on Radio’s killer

By Sania Babirye
The High court in Kampala has set the 8th of August to deliver its ruling on the second bail application filed by Godfrey Wamala who is charged with murdering local Musician Moses Sekibogo( commonly known as MoseyRadio) pending trial and determination of his case.

Today, state led by Mugisha Peter has asked justice Yasin Nuanzi to deny Wamala bail on grounds that he is charged with a capital offense that attracts a death sentence upon conviction.

State has further submitted that Wamala did in his affidavit give contradicting information in which he stated that he is a resident of Najjanankumbi and Kyengera in Wakiso district.

The state further claims that the suspect might be harmed once granted bail by the the many funs of the late musician who are still hurt and angry over his sudden death.

However, his lawyer Ladislausi Rwakafuzi has asked court to grant his client bail on grounds that they did cross check with the office of the high court registry and discovered that their case has not been cause listed for hearing soon.

Wamala has presented three sureties including his sisters Rose Nalwada, Jackie Muwanga and his brother Fred Wamala.

This is the second time that Wamala is asking for bail.
On the 24th of August 2018, Kampala high court judge Jane Francis Abodo dismissed Wamala’s first bail application on grounds that Wamala who also calls himself Troy did not prove any exceptional circumstances including old age and poor health despite applying for bail being his constitutional right.

Bajjo granted bail

Andrew Mukasa of Bajjo events has finally been granted bail by Buganda road court.

Grade one magistrate Stella Amabilisi has temporally released Bajjo on a four million cash bail while his three suruties have been ordered to deposit a 20 million non cash bond.

State had earlier objected to Bajjo’s bail application on grounds that he is likely to uttter more inciting statements supported by an oath of the investigating officer which the magistrate has dismissed after she was in agreement with Bajjo’s lawyer Erias Lukwago that the alleged oath did not have the place were it was sworn from nor the name of the commissioner as the oath act law requires.

She then granted Bajjo bail and told him to not make another alleged inciting statement.

She has now adjourned further mention of the matter to the 25th of July 2019 for mention

Prosecution states that during the month of June 2019 at various places of Masaka , Ibanda and Kampala, the suspect willfully and repeatedly with intent to disturb the peace and privacy of the person of the President , Bajjo recorded an audio and posted it on social media containing inciting messages using his mobile phone.

Bajjo has spent almost four weeks on remand after he was remanded on charges of inciting violence against the person of the President on the 18th of June this year.

On the 24th of june, Bajjo through his lawyer Erias Lukwagoc presented suruties including Abbey Musinguzi also known as Abitex, opposition political activist Moses Bigirwa and TV producer Aloysius Matovu Kiza whom are all personal friends and business partners.

However prosecution asked court to deny him bail on grounds that he is likely to engage in more acts of violence if granted bail and that since investigations are ongoing, he might interfere with them.

The court also red afresh the charges to Bajjo and this time, he understood them and denied ever committing them.

On the 18th of this month, Bajjo was charged with inciting violence against the person of President Museveni for his political opinion and offensive communication after spending five hours in court cells.

On the charge of offensive communication, prosecution states that with an intention to disturb the peace and privacy of president Museveni , without any legitimate purpose recorded a video using his mobile phone containing messages threatening to overthrow the government of Uganda before the year 2021.

Bajjo pleaded not guilty to the first offense but when it came to the second offense, he pleaded guilty forcing his lawyer Lukwago to ask the magistrate to read the charge in Luganda the suspect best understood.

The magistrate however failed to get an interpreter and remanded him until today to gave time for court to find someone who is fluent in Luganda.

Bajjo threw court mainly his supporters into panoc when he accepted the second offense which carries a maximum sentence of seven years before his lawyer came and informed the magistrate that his client did not understand the charge being red in English.

Bajjo is being accused by police of distributing a video through social media and according to police, Banjo was calling upon people to engage in an up raising against President Museveni and his government.

According to the charge sheet, Bajjo is said to have committed two offenses at various places within Masaka, Ibanda and Kampala.

On the 15th of June, Bajjo was arrested immediately after he addressed a press conference in which he announced that he was going to organise a nationwide a marathon in support to Kyadongo East MP Robert Kyagulanyi Sentamu to help Bobiwine raise money which he has allegedly lost following blocking of his concerts .

On the 17th of June the Uganda police spokes person Fred Enanga issued a press statement.

According to the said statement, the Special Investigation Directorate under the Criminal Investigations Directorate has taken over inquiries into the case of incitement to violence through social media by Andrew Mukasa of Bajjo Events.

The case relates to the comments he made in “Luganda” local language and circulated online.

When translated, Andrew Mukasa of Bajjo events warns H.E. The President of their plans to oust him before the year 2021, and further warns the military of similar plans to oust the President, and indicates with confidence how he had people backing him.”

The suspect consciously ran the risk of being charged for inciting violence, treason or misprision of treason, since the law protects the honor of the President as a democratically elected leader.

The Security Forces wish to warn all individuals and groups, that posting videos glorifying violence using undemocratic means is an infringement on the law.

We therefore, advise the public not to share such videos. As law enforcement agencies, we also pledge to work constructively with all stakeholders to understand the dangers of incitement to violence.

We are also aware of attempts by those who patronize the suspect to divert the attention of the public and investigators from the major investigation, by dragging the person of the Deputy Inspector General of Police (DIGP), into the arrest of Andrew Mukasa.

We want to put it clear that the private car number plates indeed belong to our sister agency who logistically supported the police operation. Such number plates when the situation demands, can be used to achieve tactical or operational results. The DIGP last used those number plates in May, 2018, while appearing before the Parliamentary Appointments Committee.

He has since been allocated an official police vehicle and now has no attachment to those private numbers plates. The investigations will continue and the suspect will be handled in accordance with the laws of the country.

Kipoi granted bail finally

By Sania Babirye

The General court Martial sitting in Makindye has finally granted bail to the Former Bubulo West MP Tonny Kipoi Nsubuga and his seven co accused without any condition.
Kipoi has been on remand at Makindye Military barracks since the 21st of March 2018 after he was charged with offenses related to National security by the General court Martial.

While releasing him today, the seven member court chaired by Lt.Gen.Andrew Gutti was in agreement with Kipoi’s defense team led by Charles Ssekayita that it would be constitutionally right to release the suspects despite having no suruties since prosecution did not make a reply to Kipoi’s application in which he is seeking amnesty.

His co accused include Yusuf Kiisa, Rogers Mweru,James Shimali,Yunus Lamertga,Cassim Adams Mawa,Sergent Okeng and Ifosiga Saidi.

An as a result the army court gave the accused their temporally freedom and ordered that they each report to the court registrar every first Thursday of every month.

On the 18th of February this year, Kampala high court judge Jane Francis Abodo denied bail to Kipoi because he was being tried in the army court and that he was charged with capital offenses related to National security.

His bail application was heard in his absentia after his lawyer Richard Iduli informed court that the UPDF had deliberately refused to produce Kipoi in court two consecutive times despite having served them to do so.

Iduli had asked justice Abodo to have the matter adjourned so that the army can be issued with a production warrant to have Kipoi produced in court, the judge ruled that it would be better to proceed with hearing of the bail application since the army has not responded twice despite being served with the production warrants twice.

Then Iduli asked court to grant his client bail on grounds that it is his constitutional right and the fact that he is being detained in an illegal detention of the army at Makindye military barracks yet he is not a soldier but a civilian.

Iduli further stated that his client’s arrest in Botswana on the 18th of March 2018 was illegal because their was no warrant of arrest issued nor any extradition proceedings conducted while being brought back in the country.

Iduli further stated that that the charge of offenses related to security is similar to the the offense offense of treason that he was already discharged of by the DPP and that the same DPP acted centrally to the constitution when he directed the army to have Kipoi tried in the military court.

He also said that his client should be given bail since he is already challenging the jurisdiction of the General court Martial to try him in the constitutional court .

Kipoi also presented two sureties including his uncle Moses Mpasa a retired civil servant and his brother Bosco Weiko to stand as his sureties to ensure that he returned court once granted bail and that he had a fixed place of aboard at Bukaso village 1 in Manafa district.

However prosecutions asked court to not grant bail to kipoi on grounds that he is likely to abscond bail since he is charged with a capital offense related to national security, his sureties are not substantial and that prosecutions is ready to try the case.

Kipoi was charged on the 19th of March 2018 jointly with 5 UPDF soldiers including Sgt. Yunus Lemeriga, CPL Rogers Mwiru, Sgt. Adams Mawa, Sgt. Albino Okenge and private Ddodola Ijosiga.

These however pleaded not guilty to the offense before the 7 member court chaired by Lt. Gen Andrew Gutti.

Kipoi is said to have committed the offenses between November 2012 and December 2013, while on diverse districts in Uganda, were he convened meetings to recruit soldiers with an intention of prejudicing the security of defense forces .

Kipoi was later remanded back to Luzira prison where he had been on charges of attempting to traffic 20 people from Bukedea district to the DR. Congo while his co-accused have been remanded to Makindye Military barracks.

But he was later transferred to Makindye military barracks.

In 2012 Kipoi was arrested and charged with treason and human trafficking after he was accused of recruiting youths from both Uganda and DRC as rebels to oust President Museveni, however he fled the country into Congo immediately after being granted bail.

His case was later referred before the General court martial and the army court in 2014 issued warrant of arrest for Kipoi’s head despite being on the run.

The parliament of Uganda also threw him out of parliament after he missed 15 sittings with out giving any justified reason for missing.

Kipoi who was extradited from Botswana in in 2018 where he is said to have fraudulently obtained money amounting to 111.6 million from two women in Botswanas ) while disguising as a native doctor whereas not.

Major Kigundu key murder suspect granted bail

By Sania Babirye

The Jailed Deputy Amir of the Muslim Tabliq sect Sheikh Yahaya Mwanjje has finally been granted bail after spending three years on remand at Luzira prison.

Sheikh Mwanje has been temporally granted his freedom by justice Duncan Gaswaga of the International crimes division of the high.
Justice Gaswaga has released him on a 20 million non cash court bond while his suruties have each been ordered to pay 10 million non cash.

He has also been ordered to report to the ICD court registrar every beginning Tuesday of a very month and bared from engaging in any teaching that might be taken by security agencies as inciting violence.

He is also ordered to cooperate with security officials if approached in relation to the ongoing case. Mwanje has so far spent three years on remand without trial despite being committed on the 13th of September 2017 for trial for the murder of Maj. Muhammad Kiggundu and Sgt. Mukasa on the 26th of November 2016.

Sheikh Mwanje applied for bail pending trial on grounds that he has spent a long time on remand yet his case remains to be tried and that state has not disclosed any intended evidence against him.
Through his lawyer Friday Robert Kagolo, Mwanje stated that the state was violating his constitutional right for a fair and speedy trial and that it would be fair for court to grant him bail as he awaits trial.
Sheikh Mwanjje is jointly charged with 8 other people including ; 2 boda-boda riders from Nsangi stage ; Muhammad Buyondo and Abdul Wahaab Ssendegeya, Musa Ssekandi and Yusuf Nyanzi among others.

On the 6th of September 2017 Sheikh Mwanje and his first three co accused were charged afresh with Murder, Terrorism and aiding to 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 bussiness 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.

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

In September 2917, senior state prosecutors Lillian Omora and Jonathan Muwaganya informed the then Buganda road court chief magistrate Jamson Kareemani that the Director of Public prosecutions Mike Chibita directed them to have the accused committed after completion of investigations.

Court grants Byandala bail

By Sania Babirye

Three persons who were convicted and sentenced to five and seven years in Luzira prison for causing a 24.7 billion loss to government in the shoddy upgrade of the Mukono-Katosi-Nyenga Road have been granted bail by the court of appeal.

These include the former director of finance at the Uganda Revenue Authority Joe Semugooma, Businessman Apollo Senkeeto and UNRA accountant Wilberforce Senjaako.

They have been temporally released on a ten million cash bail by Justice Cheborion Barishaki who had concluded hearing their bail applications in December 2018.

While granting bail, Justice Barishaki ruled that the three needed specialized medical attention due to their various ill health that can not be managed at Luzira prison and had substantial sureties who would ensure that they return to court whenever summoned.

Bussinesman Senkeeto has been ordered to deposit his land title on a land in Gombe, his passport and the ten million he had deposited at High court transferred at the court of appeal.

The troubled businessman was sentenced to ten years in Luzira prison after anti corruption court found him guilty of being the mastermind and an architect of said scam .

The group was part of the seven people including former works minister Abraham Byandala had had been charged with corruption over the said funds.

However, in August 2018 , the now minister without portfolio Abraham Byandala was let- off the hook and cleared of all charges .
This is after Anti-corruption court judge Lawrence Gududu acquitted him on charges of Abuse of office and disobedience of lawful orders from the IGG in regard to the upgrading of the said three years ago after the IGG had accused him of conniving with UNRA officials to swindle the said funds.

Justice Gidudu instead acquitted him on grounds that given the circumstances surrounding the said road which had become politically sensitive and had sparked off riots due to delays in its construction, the minster was right to direct signing of the contract to begin construction works .

Justice Gidudu also ruled that the solicitor General had given clearance for the construction of the said road by availing the funds yet works on the said road had stalled since 2010, and as a result, the minister acted in good faith rather than fraud intention when he signed the contract.

The judge did also exonerated Byandala of being aware that the securities upon which payment of the 24.7 billion shillings was based were forged since he is not mandated to verify the authenticity of securities .

He was also found not guilty of disobeying lawful orders from the IGG to stop works on the road because according to the evidence, Byandala never saw the said letter from the IGG directing him to stop works on the said road and that prosecution did also not bother to call his secretary a one Matilda who is said to have received the letter on his behalf to verify if he had indeed received the said letter .

In conclusion, Justice Gidudu ruled that the signing of the contract was not irregular and also cleared his co-accused and former UNRA Executive Director Eng. Berunado Sebuuga of Abuse of office

However, Justice Gidudu did find guilty and convicted Semugooma and sentenced him to seven years, Wilberforce Senjaako an accountant was found guilty of neglect of duty by failing to verify securities before approving an advance payment of 24.7 billion shillings to EUTAW company and Businessman Apollo Senkeeto, the masterminded who is said to have stolen the said funds since he is the only one who had access by falsely representing himself as the country director of EUTAW Mississippi in Uganda where as not.

The court also convicted Wilberforce Senjaako of forgery of Bank security guarantees and performance bonds which Senkeeto uttered to UNRA for purposes of fraudulently accessing the 24.7 billion shillings .

Other accused persons who were cleared include Marvin Baryaruha -the UNRA legal advisor on grounds that the advise he offered in signing and drawing the contract between EUTAW and UNRA was solicited by his boss and there is no way he could establish whether the securities presented were fake and that his legal advise was not mandatory to his bosses.

He had been charged of Abuse of office and causing financial loss, and a one Isaac Mugote was also cleared.

In July 2018, the two court accessers advised justice Lawrence Gidudu to aquit all the seven suspects.Vincent Oketch and Stanley Kurongo informed court that they believed that the IGG failed to adduce sufficient evidence to warrant a conviction of the suspects.

The court accessors are members of the public appointed and sworn in by court who give their layman’s opinion after following the case hearing from the beginning to the end but their opinion is not binding to that of the judge because a judge can choose to regard or disregard it.

The group was accused of regularly awarding the contract to rehabilitate the said road to a non-existent company- EUTAW which is said to have sub-contracted another company with no expertise and equipment to do the job.

On the 10th of October 2017, justice Gidudu ruled that Byandala and his co accused had a case to answer because the IGG had proved a pre-mafacie case against them,however the group has since maintained their innocence denying to have stolen the said public funds.

Byandala’s co accused included the former Uganda National Roads Authority (UNRA) officials, Berunado Ssebbugga the former UNRA acting Executive Director, Joe Ssemugooma former acting Director finance and administration , Wilberforce Senjako Regional accountant and Marvin Baryaruha who was the UNRA lawyer.

Others included city businessman Apolo Senkeeto who was charged with theft and obtaining the contentious 24.7 bn shillings by falsely representing himself as the president of ETAW -Uganda, the ghost company and a one Isaac Mugote of Housing Finance Bank who is accused of failing to verify the securities presented by ETAW before releasing out the money

The accused were 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.

The IGG charged Byandala with Abuse of office , causing government a financial loss and disobedience of her orders to stop works on the Mukono-katosi -Nyenga road.

She accused the former works Minister to have defied her orders and instead influenced the procurement process and proceeded to sign the contract to an incompetent company ETAW.

In his written submission, Byandala claimed that he had the mandate to give policy directives as a minister however Justice Gidudu ruled that Byandala must explain whether in his policy directive, it involved directing UNRA to sign a contract to a ghost company.

Hundreds of politicians show Zaake solidarity at his bail hearing

By Moses Kidandi
Hundreds of opposition politicians have thronged the magistrates court in Gulu as the member of parliament for Mityana municipality appeared for his bail application.

Zaake is accused of escaping from police custody though he later appeared with a swollen face and badly damaged fingers is charged with treason with 30 others.

This was during the Arua municipality campaigns when they are accused of obstructing the Presidential motorcade and pelting the presidents car with stones and damaging its windscreens.

Member of Parliament, Zake was released on a non cash bond of 10 million shillings after Muwanga Kivumbi stood surety for him.

The legislator and 35 others are expected to appear in Gulu court on 14th march.Other MPs present at court were Kyadondo east MP Kyagulanyi Robert Sentamu, Wadri Kasyano,Latif Sebagal,Hon Semujju Nganda,Allan Sewanyana and Mathias Mpuga among others.