Zaake’s case pushed to 29th September

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.

Woman fined by court for altering her birth date

By Sania Babirye

A 40 year old business woman who altered her age to go in Arab countries to work as a security guard has been fined 200,000 shillings by Buganda road court.

Kaitesi Jackline a resident of Namugongo Kiira town council in Wakiso district has been fined by grade one magistrate Gladys Kamasanyu after she pleaded guilty to the charge of Unlawful alteration of a passport of a Ugandan citizenship and immigration control act.

Prosecution states that Kaitesi and others still at large during the year 2017 in the Kampala district unlawfully changed the dates of birth in her passport from 1980 to 1989.

Evidence further shows that the convict was seeking a security guard job that required only persons below the age of 35 Years.

She was caught after her national identify card showed that she was born in 1980 while her passport showed that she was born in 1989.

Teargas in Mbale as NUP leader Kyagulanyi goes to Mbale High Court

By Sania Babirye

Police in Mbale has fired live bullets and tear gas to disperse supporters of National Unity Platform party president and 2021 presidential aspirant Robert Kyagulanyi as they tried to follow him at the Mbale high court this morning.

Hon.Kyagulanyi also known as Bobi Wine is suing police officers for blocking him from attending a paid for talk show on one of the local stations in Mbale town.

The supporters gathered along the way and started following Bobiwine’s motorcade forcing police to disperse them after they had gathered outside court.

Police was forced to arrest some supporters in the said fracas.

On the 13th of August of this month, People power Hon.Robert Kyagulanyi dragged the Inspector General of police and the Mbale senior police officers seeking compensation in form of damages for allegedly blocking him from having a paid for radio talk show on one of the local stations in Mbale.

Through his lawyer Anthony Wameeli, Bobiwine sued the IGP Martin Okoth Ochola, Mbale RDC Balasa Sulaiman Ogajo and the DISO of Mbale George Mwoda.

He wants the IGP and his co accused to pay him for violating his constitutional right to freedom of speech and expression .

He is also accusing them of discriminating against him since they said police officers allowed other politicians to hold their talk show on the same day on the sane radio stations.

Others being sued include Mbale regional police commanded Wesley Nganizi, Mbale DPC Ahimbisibwe Fred and Mbale CPS commander Kato Arafti.

Bobiwine wants court to compel the said police officers to individually pay him punitive damages accusing them of during teargas amongst his supporters.

Bobiwine also seeks other declarations including a permanent injunction against police from ever stopping or interfering in his campaigns or talk shows on TV or radio countrywide.

Court issues criminal summons against Tumukunde

By Sania Babirye

Criminal summons has been issued against 2021 Presidential hopeful LT.Gen. Henry Tumukunde after he failed to turn up in court for further mention of his treason and four counts of unlawful possession of fire arms and ammunition.

This morning, his lawyer Geoffrey Turyasiima informed city hall court grade one magistrate Valerian Tuhimbise that his client was just running late but was on the way to court, however, the magistrate ruled that Tumukunde who is believed to be on nationwide consultation knew that the court starts at 9am and should have been in court.

She has now ordered Tumukunde to appear in court on the 23rd of September with out fail.

Lt.Gen.Tumukunde who was granted bail on the 11 of May after spending almost three months in Luzira prison was remanded on the 18 of March 2020, Tumukunde 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 tryable only by the High court .

Suspect declines to turn into state witness in Kaweesi murder case

By Sania Babirye

Joshua Kyambade one of the 8 suspects charged with the murder of former police spokesperson Felix Kaweesi has declined request by prosecution to turn into state witness and testify against his co accused despite security agencies promising him his freedom.

Appearing before single judge Duncan Gaswaga of the international crimes division of the high court for their pre-trial hearing, Kyambade has informed court that for so long, security agencies have asked him to turn into a state witness and falsely pin the other co accused he has been incarcerated with but he is not interested.

Kyambade says that he is not guilty of the said murders and he can not betray his friends and accuse them of something they did not commit to help the state that continues to prosecute them on a crime they did not commit.

He says that despite being scared for his life, he cannot lie and has asked the state to go ahead with trying them and maintaining the charges.

The suspects have also asked court to compel state to pay them their 640 million shillings they were awarded over torture by security .

These say the money is to help them meet transport and other health costs which they are facing currently as their pre trial and subsequently trial is expected.

The suspects have informed justice Gaswaga that many were tortured and can not see or hear which is making it heard for them to follow the proceedings and the said money will be used to also treat them for the said injuries.

Justice Gaswaga has adjourned the pre trial to Wednesday this week.

These are charged with among other charges the murder of former Uganda police spokes person AIGP Andrew Felix Kaweesi, his driver and body guard in 2017.

The six including Yusuf Mugerwa, Bruhan Balyejusa, Josha Kyambadde , Jibril Kalyango , Yasin Nyanzi , Hassan Kasujja, Abdul Rahid Mbaziira and Alamandhan Higenyi.

These were indicted in mid -2017 and are also charged with , Terrorism and aggravated robbery .

Prosecution states that the suspects on the morning of 17th/March 2017 at Kulambiro within Kampala district shot dead AIGP Felix Kaweesi, his body guard Kenneth Erau and his driver Godfrey Wambewa as the trio drove in the official Uganda Police vehicle to work.

In a pre trial hearing, the state presents its evidence and the judge bases on the said evidence to rule on whether its sufficient enough for a full trial or not dismisses the charges and sets the suspects free

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.