Lusanja residents were wrongly evicted

By Alice Lubwama

Government has confirmed that the residents of Lusanja were illegally evicted by one businessman Medard Kiconco.

In his statement before parliament, the attorney general William Byaruhanga confirmed that the residents were illegally evicted and the judicial service commission has started disciplinary action against the chief magistrate Esther Nasambu and court registrar Rwatoro Baker for issuing an order that led to illegal eviction of residents of Lusanja.

The attorney general also said that the investigations discovered that the magistrate took a decision on the case without defenders filing a defense, declaring them as trespassers and ordering for demolition of their structures as wanted by Kiconco.

The investigations further found that the chief magistrate Esther Nasambu handled the case without visiting the site and lacked jurisdiction to handle the matter among others.

The judicial service commission has now preferred three charges against Nasambu among being conduct prejudicial to the good image of service, producing poor standard work and unsatisfactory performance of duty.

The attorney also said that the judiciary was still investigating the court bailiff Moses Kirunda who carried out the eviction adding that the case has been taken to the land division of the high court to seek justice.

The judiciary through their spokesperson also confirmed that the court order had been issued for the people of Sekayonyi zone in Mperererwe and not Lusanja.

However the Members of Parliament demanded that the police and other officers involved in the illegal eviction should also be punished and the people of Lusanja receive compensation.

This prompted the speaker of parliament Rebecca Kadaga to select a five member committee to draft a motion on how the residents in Lusanja who were illegally evicted should be compensated by government.

Man charged with defiling further remanded

By Sania Babirye
Kampala high court judge Wilson Kwesiga has declined to set free a 36 year old man charged with defiling a nine year old girl.

Kasango Peter is among a group of capital offenders whose case is among the 50 criminal cases being heard by Justice Kwesiga in the ongoing criminal session to have the delayed cases heard and disposed off.

The criminal session also gives suspects a chance to confess to their respective offenses for a lesser punishment under pre bargaining and reduce case backlog.

The suspect denied the charge claiming that he did not even know the alleged victim and that he has also been on remand at Luzira prison without trial since June 2016 when he was charged.

However, the judge has instead set the 7th of January 2019 to start hearing his case and consequently remanded him to Luzira prison until then.

Prosecution states that between 13th and 14th June 2016, in Rubya zone in Namugoona, the suspect defiled the miner.

Stella Nyanzi further remanded as court hearing flops

By Sania Babirye

Hearing of a cyber harassment case against a Makerere University Researcher Dr. Stellah Nyanzi has flopped again at Buganda Road court.

Dr.Nyanzi had returned today in hopes of state commencing her trial, however this could not go on because the trial magistrate Gladys Kamasanyu was not around although prosecution had earlier informed court that investigations are still on going complete with witnesses ready to testfy against her.

Some of the politicians who came to show support to the Dr.Nyanzi included opposition party, FDC’s presidential candidate Kizza Besigye.

She has now further been remanded to Luzira prison by grade one magistrate Robert Mukanza until the 19th if this month when her trial judge will be present.

Dr.Nyanzi is at Luzira prison after refusing to seek bail and she is facing charges including attacking the privacy of President Museveni and that of his late mother , Esteri Kokundeka.

Prosecution states that while armed with a motive to disturb the peace of President Museveni, Nyanzi posted obscene messages on her official face book page(Stellah Nyanzi) while attacking the privacy of the President .

Gulu court pushes Arua saga court hearing to next year

By Moses Kidandi

Gulu Grade One Magistrate Isaac Imoran Kintu has adjourned hearing the case against Kyadondo East Member of Parliament Robert Kyagulanyi aka Bobi Wine to 10th January 2019.

The accused Bobi Wine,MP Kassiano Wadri, and 26 co-accused had appeared before the court today for mention of their case.

The state claims the accused stoned one of President Museveni’s car, smashing it hind windscreen on August 13 during Arua Municipality by-election campaigns.

Police said they had completed investigations into the case,however Prosecution led by Mr Paul Weponde informed court that they were not ready to proceed with the case since the police had not submitted evidence to them.

Gulu Grade One Magistrate Isaac Imoran Kintu is now urging the prosecution team to speed up inquiries to ensure that an expeditious takes off since most of the accused persons come from outside the jurisdiction.

The magistrate has ordered the State to expedite investigations to avoid further inconveniences after the defense team led by Mr Henry Komakech Kilama argued that the accused persons are incurring a lot of expenses traveling from Kampala and Arua to attend the court sessions.

Mr Kilama also asked court to issue fresh summons to CID officers from Arua and Gulu districts to explain about his clients’ properties that were confiscated from them during custody such as vehicles, IPads, phones, laptops and money.

Court drags Youth activists case

By Moses Kidandi

Youth activists in Mbarara have pleaded with court for a speedy hearing. This was after court in Mbarara presided over Magistrate Sanyu Mukasa again adjourned the hearing of the case in which the three youth activists are accused of staging a mock funeral of President Yoweri Museveni on 12th of February 2019.

The three are 20-year-old Albert Nangumya, a former student at Bishop Stuart University, Rodgers Asiimwe, 26 and Maxi Muhumuza, a spokesperson of Ankole Kingdom.

They were found in possession of a coffin with an inscription “Rest in Peace Museveni,” and a portrait of President Museveni.

In the same coffin, were names of Justice Minister Kahinda Otafiire and those of several Members of Parliament?

According to police, the suspects were protesting against a ploy to amend the constitution to remove 102b presidential age limits.

The protestors were arrested in July 2017 and remanded for two weeks before being granted bail.

This is the fourth time that the case is being adjourned. The case was on 1 March 2018 adjourned to April 20th and adjourned further to today.

The reasons for the adjournment remain that the state needs more time to investigate the matter.

They say they have ran out of transport to move because the state is tossing them around.

One of the accused Maxi Muhumuza, a spokesperson of Ankole Kingdom says that the delays in the process of gathering evidence are confusing.

Court pushes Kitata case to November

By Robert Segawa

Hearing of the case against Bodaboda 2010 leader Abdallah Kitata and other co-accused persons has been pushed to November 13th of this year.

The chairman General court Martial General Andrew Gutti adjourned the case after defense lawyers led by Shaban Sanya cross examined Monday’s witness Maj David Banya.

During cross examination Kitata’s advocate Sanya accused prosecution’s Maj Rafael Mugisha of giving answer to the witness which allegations he denied.

However the court judge advocates Col Richard Tukacungura observed the allegations by Kitata’s lawyer was baseless since it had rules after cross examination was concluded.

The courts chairman Gen Guti has asked lawyer Sanya not to fear to alert him next time so that he takes action otherwise his complaint was not justified.

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.