Teachers’ petition against KCCA withdrawn

By Sania Babirye

Five justices of the Constitutional Court led by Kenneth Kakuru have dismissed a petition filed by teachers under their umbrella organisation Uganda National Teachers Union (UNATU) in which they had accused government of failing to give them a representative at the Kampala capital City Authority Council on grounds that it has been over taken by events.

This is after UNATU’s lawyer Lwemala Kafuzi informed court that his clients have instructed him to have the petition withdrawn following the enactment of the KCCA Act of 2019 that scrapped off the representation of professional bodies at KCCA and introduced general representation of Councillors .

As a result, KCCA did not object to the said submissions prompting the court to dismiss the said petition.

In 2013, UNATU sued KCCA challenging the exclusion from being represented to the Council saying it was discriminatory and inconsistent with the Constitution since other professional bodies like Uganda Institute of Professional Engineers, Uganda Medical Association, Uganda Law Society and Uganda Society of Architects were being represented

However, the then Executive Director for KCCA Jennifer Musisi in her affidavit that was opposing the case, she said that KCCA deliberately excluded teachers from representation on the KCCA council because UNATU being a union of teachers, is not incorporated under the Act of Parliament to have representation on the council .

Musisi had stated that KCCA does not employ teachers , but only supervises them when they are posted in government aided schools in the Capital Kampala.

She further explained that the terms and conditions governing the services of teachers are set by the Education Service Commission but not KCCA and asked court to have the case dismissed since UNATU was a mere union of teachers but not a statutory creature.

Homeless youth drag LC3 to court over torture

By Robert Segawa

20 homeless youths have dragged the LC3 chairman of Kyengera town council Hajji Abdul Kiyimba to the high court civil division over torture allegations while in detention at Kitalya government Prison.

These have filed the said suit through Susan Baluka a legal officer Human rights awareness and promotion forum.

The group is jointly suing Kiyimba together with principal officer Philimon Waniola the deputy officer in charge of Kitalya min-max prison and attorney general.

In their application, the group contends that on the 29th of March 2020 they were part of the 23 youths who were arrested from a residence in Nkokonjeru they shared for violating the Presidential COVID-19 directives including public gatherings because they were many and believed to be homosexuals.

These claim that Hajji Kiyimba spear headed the said operation and that during the said arrest, they were Publicly beaten by Hajji Kiyimba as he dragged them to Nkokonjeru police post and after being charged in Mpigi magistrate court with doing a neglect act likely to spread a dangerous disease COVID-19, they were remanded at Kitalya government Prison.

These further claim that while at Kitalya for the next 42 days the torture continued with more beating,being denied food or sanitary facilities and that Waniola asked one of them to strip naked and burnt him with a burning wood between his thighs,denied access to their lawyers before the DPP withdrew the said charges against them.

These now want court to compel government to compensate them for the alleged torture, inhumane and degrading treatment and violation to privacy among other human rights violations.

Man arrested for assaulting police officer at check point

By Sania Babirye

A 28 year old Teacher who allegedly assaulted a police officer while resisting to be checked at a check point has been arraigned before Makindye magistrate court and charged.

The suspect is identified as Kayonga Simon a resident of Kyanja in Wakiso district.

He has however denied the said offense of assault and has been remanded at Sentamu prison for two weeks as investigations continues.

Prosecution states that on the 3rd of July at Salaama road police check point in Kampala district, the suspect assaulted Angom Semmy a police officer who was acting in the execution of her duties

Court stops injuction of Luwafu B zone

By Sania Babirye

High court judge Yasin Nyanzi has issued an interim injunction against NEMA from evicting people residing in Luwafu B and heritage zone found in Kasanga in Makindye division.

NEMA accuses the residents of encroaching and degrading the said wetland in June. The Executive Director Tom Okurut wrote to the residents to vacate the said land with all their property and clear all structures that had been erected on the wet land within three weeks.

However, being dissatisfied, the residents petitioned the high court challenging NEMA’s actions and also sought an interim injunction against their eviction until the hearing and determination of the main case in which they challenge their entire eviction.

In their main case, the residents claim that the said land belongs to them and have acquired land titles.

Now justice Yasin Nyanzi has issued the interim injunction until court hears and determines their main case.

Boda boda operator accused of theft sent to jail

By Sania Babirye

A boda boda rider who turned on his customer and robbed her of handbag containing two mobile phones and a national identification card has charged with theft and remanded at Kitalya government prison.

The suspect is identified as 36 year old Amos Ayesiga a resident of Makindye Nabisalu in Makindye division, Kampala district.

He has appeared before Makindye court grade one magistrate Patience Lonah Tukundane and denied the offense.

He has been remanded until the 8th of July to start trial.

Prosecution states that on the 23rd of May 2020 at Kibuki in Makindye division, Ayesiga robbed his customer Janet Akuto of the said properties.

Court of appeal dismisses Bank of Uganda case against Sudhir

By Deo Wasswa

The court of Appeal has dismissed a multi-billion case against businessman Sudhir Ruparellia and his Meera investments company in which the Central Bank accuses him of siphoning over 397 billion shillings from Crane Bank .

Three justices of the court including; Deputy Chief Justice Alfonse Owiny -Dollo , Cheborion Barishaki and Steven Musota have unanimously ruled that after a careful perusal of evidence; they too find no misconduct against Sudhir that would warrant litigation and hence forth they have ordered Bank of Uganda to pay costs incurred by the businessman to defend himself in both courts .

In their ruling read to court by registrar Mary Babirye, the Justices have also confirmed that at the time of filing this suit in January 2017, Crane Bank Limited was already in receivership and a non -existing entity whose life time was terminated /ended when Bank of Uganda sold its assets to DFCU in October 2016.

The justices have been in further agreement with trial Commercial Court judge David Wangutusi that being in receivership; Crane Bank had no capacity to institute legal proceedings against its former Director or could anyone drag it before court because it as no assets to be claimed for.

But having been dissatisfied with the above position ; Bank of Uganda petitioned the Court of Appeal last year to challenge the decision of Justice Wangutusi to condemn it to pay costs yet he did not fully hear the case but disposed it off basing on a point of law .

The court of Appeal has instead also further condemned it to pay costs having found out that the Central Bank wrongfully dragged Sudhir to court .

Bank of Uganda and Crane Bank had wanted Sudhir and Meera to pay back over 397Billlion shillings that it claims the 2 fraudulently took out of crane Bank where Sudhir was owning 100% shares.

Immediately after the court ruling; Sudhir who was in company of his son Ranjiv explained that he will be seeking millions of dollars in costs .

Tumukunde’s case pushed to August

By Sania Babirye

City hall court has adjourned further mention of the case in which 2021 Presidential hopeful LT.Gen. Henry Tumukunde is charged with treason and four counts of unlawful possession of fire arms and ammunition to August this year.

Lt.Gen.Tumukunde who was granted bail on the 11 of May after spending almost three months in Luzira prison appeared before city hall grade one magistrate Valerian Tuhimbise .

State has informed court that investigations into both cases are still ongoing asking for more time to be completed

On 18 of March 2020, Tumukunde was remanded to Luzira prison after he pleaded not guilty to all five counts.

On the treason charge, Prosecution states that on the 5th of March 2020 while appearing on a morning show at one of the local Tv stations in Kamwokya, the Rt. Lt Gen made utterances which were calculated to instigated the Republic of Rwanda to invade Uganda and cause a unlawful change of government

On the unlawful possession fire arms and ammunition, its states that on the 13th of March 2020 at his office Impala Avenue in Kololo,was found in possession of 2 guns; an Ak47 and a pistol . Prosecution further states that he is charged with unlawful possession of 34 rounds of ammunition’s without a valid firearm license

Tumukunde however told court on the charges of being in possession of firearms and ammunition, he was in lawful possession of the said gun since it was given to him with the said ammunition as a retired Gen .

Treason, is a capital case bailable and triable only by the High court .

Woman stabs neighbor to death over free government food

By Sania Babirye

A businesswoman has been remanded to Kigo government prison after she allegedly attempted to murder her neighbor by stabbing him in the stomach for refusing to sell to her government relief posho and beans he had received in the ongoing COVID-19 lock down.

The suspect is identified as 27 year old Mariam Kukundakwe a resident of Kasanvu zone Kisugu parish Makindye division in Kampala district dealing in retail shop at Kisugu in Kampala.

She has been arraigned before Makindye court Grade one magistrate Patience Lonah Tukundane who charged her with attempted murder.

She has been remanded until the 8th of July 2020 to be able to take plea before a chief magistrate.

Prosecution states that the accused with the help of others who are still on the run on the 5th of June 2020 at Go-down zone Kisugu attempted to cause the death of Elias Twinomuhwezi.

Court heard that the accused stabbed the victim in the stomach using a knife after a serious quarrel accusing him of refusing to sale to her government food.

Court finally allows DPP to take over Kuteesa case

By Sania Babirye

Buganda road court has allowed the the Director of public prosecutions to take up the case against foreign affairs minister Sam Kutesa and institute criminal proceedings against him for authorizing the return back of three family members of businessman Ben Kavuyu from USA during the ongoing COVID-19 lock down.

Grade one magistrate Stellah Maris Amabilisi has also ordered that all those intending to open private prosecution against Minister Kuteesa should pass on the necessary documents and evidence to the office of the DPP who is mandated by law to institute criminal proceedings on behalf of the state .

However, the magistrate has not instituted charges against Kutesa and his co accused as sought before handing the case to the DPP which has angered a private lawyer Ronald Otee who dragged Kutesa to court .

Otee stated that he is going to appeal the premature handing over of the case to DPP without the lower court confirming the charges.

Ronald Otee with Otee and company advocates from Soroti, dragged Kutesa to Buganda road court to be privately prosecuted jointly with the three members including Barbara Kavuya the wife, his daughter Blanche Kavuya and grandson Isiah Tiba Byabashaija who returned into the country on the 18th of March through Ethiopian airline.

Through his lawyer Nicholas Opio and Derrick Tumusiime , the petitioner wanted court to draft up charges including
doing a neglect act likely to cause the spread of an infectious disease (Covid-19) and disobedience of lawful orders; which two offenses carry a maximum penalty of 2 years imprisonment in jail upon conviction against the used.

But on Mobday, when the application came for hearing, the Director of public prosecutions through Jana Kitimbo asked court to take over the matter stating that its only the office of the DPP that can institute criminal proceedings on behalf of the government.

In his petitioner Otee claims that Kuteesa’s actions wee in breach of a Presidential Directive that bars people from flying within and out of the Country during the ongoing COVID-19 pandemic while other Ugandans abroad including medical students in Wuhan were denied the same privilege.

Otee states that on the 24th of March the minister of health using the public health act passed an order into law prohibiting any person from entering Uganda effect from Monday 23rd of March to april 23rd which was later extended and remains into effect up to date as measures to contain the virus.

The lawyer however notes that on the 18th of May 2020, the said persons entered Uganda and continue to stay in Uganda and as a result committed a criminal offense together with minister Sam Kutesa who authorised their return via Ethiopian airline.

He says that the actions of minister Sam Kutesa to allow only that family to return home was discriminative in nature since other Ugandans who wanted to return were not given permission or those who wanted to leave.
Meanwhile, Kutesa has again authorised the son of Kavuya to escort his pregnant to AghaKhan hospital to deliver their baby through Cesarian section

Kuteesa could face court for breaching presidential directive

By Sania Babirye

Buganda road court has set this Thursday the 18th of June to decide on whether the Director of public prosecutions should institute criminal proceedings against foreign affairs minister Sam Kutesa after he authorized the return of three family members of businessman Ben Kavuyu from USA during the ongoing COVID-19 lock down.

This after a private lawyer Ronald Otee with Otee and company advocates, dragged Kutesa to Buganda road court to be privately prosecuted jointly with the three members including Barbara Kavuya the wife, his daughter Blanche Kavuya and grandson Isiah Tiba Byabashaija who returned in the country on the 18th of March through Ethiopian airline.

Through his lawyer Nicholas Opio and Derrick Tumusiime , the petitioner wants court to draft up charges including
doing a neglect act likely to cause the spread of an infectious disease (Covid-19) and disobedience of lawful orders; which two offenses carry a maximum penalty of 2 years imprisonment in jail upon conviction against the used.

However, when the application came for hearing before grade one magistrate Stella Amirisi Amabilisi today, the Director of public prosecutions through Jana Kitimbo asked court to take over the matter stating that its only the office of the DPP that can institute criminal proceedings on behalf of the government.

In his petition, Otee claims that Kuteesa’s actions were in breach of a Presidential Directive that bars people from flying within and out of the Country during the ongoing COVID-19 pandemic while other Ugandans abroad including medical students in Wuhan were denied the same privilege.

He then requested Buganda road court to draft a Charge Sheet against the four persons.

Otee states that on the 24th of March the minister of health using the public health act passed an order into law prohibiting any person from entering Uganda effect from Monday 23rd of March to April 23rd which was later extended and remains into effect up to date as measures to contain the virus.

The lawyer however notes that on the 18th of May 2020, the said persons entered Uganda and continue to stay in Uganda and as a result committed a criminal offense together with minister Sam Kutesa who authorized their return via Ethiopian airline.

He says that the actions of minister Sam Kutesa to allow only that family to return home was discriminative in nature since other Ugandans who wanted to return or leave the country were not granted permission.