By Sania Babirye
Kampala high court Judge Esta Nambayo has thrown out an application by the attorney general seeking to dismiss a torture case that was filed by Mityana municipality MP Francis Butebi Zaake against four Mityana senior police commanders in April this year for giving relief food to his voters at the beginning of the COVID-19 lock down.
This is after state attorney Johnson Natuhwera informed court that he was not in position to avail the deponent ; Moses Mugisha to be cross- examined on the contents of his affidavit which Zaake and his lawyer are claiming to be not true but just hear say evidence.
The judge has now ordered all parties to file and exchange written submissions to each other and return to court on the 29th of September 2020 .
Zaake was later charged with defying a presidential directive on COVID19 at the Mityana magistrate court which the DPP has then dropped.
his application, Zaake has also named the Wamala Regional police commander, Bob Kagarura, Alex Mwine; the Mityana district police commander, Elly Womonya; the commandant Special investigations unit and Abel Kandinho; Head CMI as being responsible for torturing him after he was arrested on the 19th of April 2020 from his home at Buswabulongo village in Mityana district by both Millitary and police officers.
Hon. Zaake further claims that after being taken at Mitiyana police station, the said senior security operatives slapped, kicked and sprayed in his eyes un unknown substance which almost destroyed his seeing nerves .
He has now run to the high court seeking an order to compensate him in form of damages after the said police officers violated his human rights while in police custody.
Zaake also wants the high court to stop criminal proceedings slapped against him for distributing food calling them unconstitutional.
By Sania Babirye
The high court in Kampala has concluded hearing the murder case against Major Juma Seiko’s private guard who is charged with killing two in December 2016 at his boss’s house.
Today both the defense and prosecution have concluded making their final submissions before justice Anglin Flavia Ssenoga.
The judge has now set the 25th of this month when court assessors will give their opinion and further remanded him until then.
On the 15th of December 2016, Buganda road court chief magistrate Jamson Karemani charged 28 year old Alex Cherotich with four counts of murder and attempted murder.
He was in October 2017 committed to the high court for trial after Prosecution informed court that they had a directive from the DPPs office to have Cherotich tried over the charges.
According to police, the suspect was using the gun that was given to him my his boss illegally since he had been dismissed from the army over indiscipline.
Prosecution led by Emily Ninsima states that on the 4th of December 2016 at Major Seiko’s residence in Nakasero hill, Cherotic an ex-soldier used a gun to kill Lameck Ogwanga and Fred Ssembatya.
Prosecution further states that the trigger -happy Cherotich also injured David Ssenkubuge and Solomon Mugabi.
Lameck Ogwang was a supervisor of SGA security firm while Ssembatya was a bodaboda rider at Mengo Rubaga Division.
While in detention at central police station, Seiko had defended his bodyguard saying the victims were forcing their entry into his house probably to kill him just like Major Muhammad Kigundu who was killed in November but his allegations were dismissed by the then former and murdered police spokes person AIGP Andrew Felix Kaweesi who was also later gunned down by unknown assailants in September 2017.
He had further alleged that the victims also tried to strangle his bodyguard but he later managed to get away and got the gun and shot them.
By Sania Babirye
Hearing of a noise pollution case against a re-known city pastor Aloysius Bugingo has flopped today at the high court in Kampala.
The case involves Over 200 residents of Makerere zone in Kawempe division kampala district who dragged pastor Bugingo accusing him and his church of making noise for them.
It had come up for hearing before justice Andrew Bashaija but this could not go on because the trial Judge is currently away on official Leave.Hearing of the case has now been pushed to the 2nd of October 2019.
On the 12th of February this year, the residents led by a 85 year old Hajji Ali Sserunjoji sued Bugingo accusing him and his House of prayer ministries of producing excessive remission of noise.
The petitioners claim that before Pastor Bugingo constructed his Pentecostal church in 2015, they enjoyed a quiet , serene and clean environment but currently their peace and serenity has been taken over by his temporal church structures and its noise that comes from it.
These are also suing the National Environmental Authority and Kampala City Council Authority which they are accusing of failing to regulate the amount of noise emitted by pastor Bugingo’s church day and night as required.
They are now seeking court to cancel pastor Bugingo’s license which permitted him to erect a church in a residential area or compel both NEMA and KCCA to regulate the emitted sound to the approved 60 decibels.
These are further demanding that Pastor Bugingo pays them damages for infringing on their right to enjoy a serene and health environment for now close to 3 years .