Dodoviko granted bail

By Sania Babirye

The Makindye court chief Magistrate Prosy Katushabe has granted bail to the suspect Dodoviko Mwanje and seven police officers who are charged with the illegal demolition of St.Peters church in Ndeeba in August this year.

These have been ordered to deposit two million each while their sureties have been ordered to execute a non cash bail of 100 million shillings.

The suspects have also been barred from travelling outside the country without Clarence from court and ordered to deposit their passports with court.

The case has now been adjourned to the age 16th of this month for further mention after state prosecutor Nakato Lydia informed court that investigations are still on going.

Prosecution states that Dodo and Ivan Katongole a KCCA Urban planner between March and August 2020, they conspired with several senior police officers and other people who are already on remand at Kitalya government prison to demolish st. Peter’s church in Ndeeba ;the property of Church of Uganda.

Katongole is said to have sanctioned the demolition of this church.

Among the senior police officers implicated in this matter is the Superintendent of police David Epedu , the Katwe police station DPC , ASP Mugisha Yeko Kato ; the Officer in-charge of Ndeeba police , SSP Rashid Agero and Martin Adero; who are police Field Force unit commanders .

The police officers separately face a charge of disobeying lawful orders of commissioner of police Moses Kafeero, which were to over see security deployment at St. Peter’ church in order to avert any possible demolition .

Other people including a building inspection Engineer of Lubaga division , a mechanic and a veteran soldier among others are charged with causing malicious damage to St. Peter’s church
and theft of church property such as chairs and doors .

These 21 suspects who are on remand at Kitalya prison have participated in today’s court proceedings via video conferencing having been already charged and denied any involvement in the demolition of the said church which happened in wee hours of 10th/August 2020.

Court denies Dodoviko and others bail

By Sania Babirye

The state has asked Makindye court chief Magistrate Prosy Katushabe to deny bail to the 20 including key suspect Dodoviko Mwanje and seven police officers who are charged with the illegal demolition of st.peters church in Ndeeba in August this year.

Lead prosecutors Noah Oponya and Lydia Nakato have told court that the said matter is of a public interest/demand and that all accused persons are health enough to withstand prison life.

Oponyo has further added that hey do not know the permanent residence of Dodoviko since he did not present before court documents showing his residence which makes stressing him hard in case he jumps bail.

On the police officers, state has contested some of their sureties presented on grounds that they are not substantial since they are not on their ranks.

Prosecution states that Dodo and Ivan Katongole a KCCA Urban planner between March and August 2020, they conspired with several senior police officers and other people who are already on remand at Kitalya government prison to demolish st. Peter’s church in Ndeeba ;the property of Church of Uganda.

Katongole is said to have sanctioned the demolition of this church.

Among the senior police officers implicated in this matter is the Superintendent of police David Epedu , the Katwe police station DPC , ASP Mugisha Yeko Kato ; the Officer in-charge of Ndeeba police , SSP Rashid Agero and Martin Adero; who are police Field Force unit commanders .

The police officers separately face a charge of disobeying lawful orders of commissioner of police Moses Kafeero, which were to over see security deployment at St. Peter’ church in order to avert any possible demolition .

Other people including a building inspection Engineer of Lubaga division , a mechanic and a veteran soldier among others are charged with causing malicious damage to St. Peter’s church and theft of church property such as chairs and doors .

These 21 suspects who are on remand at Kitalya prison have participated in today’s court proceedings via video conferencing having been already charged and denied any involvement in the demolition of the said church which happened in wee hours of 10th/August 2020.

Hearing of the bail application is still on going

Two remanded for robbing a bank

By Sania Babirye

City hall court has remanded two men from Kasanda district for allegedly robbing Opportunity Bank Head office in Kampala 309,000,000 million shillings.

The suspects include 44 year old Sulaiman Katumba a businessman and 42 year old Godfrey Ssenyonjo a driver.

The two have appeared before a grade one magistrate Valerian Tuhimbise and pleaded not guilty to the offense of theft.

They have now been remanded to Sentema government prison until the 26th of this month for trial.

It is alleged that the two and others still at large between December 2019 and January 2020 at Kamwokya Opportunity Bank Head office stole 309,000,000shillings the property of Opportunity Bank.

OPM officials ask to relieved of the relief food charges

By Sania Babirye

Lawyers representing four officials from the office of the prime minister led by the permanent Secretary Christine Guwatudde Kintu who are charged with inflating relief food prices meant for vulnerable people in the ongoing COVID-19 lock down between March and April has asked the anti corruption court to dismiss the said charges and set their clients free.

These led by McDusman Kabega have told grade one magistrate Sarah Namusobya that the said charges should be dismissed because they are not clear.

However, prosecution led by Kawuka James has asked court to not dismiss the said charges maintaining that the said charges are legitimate and clear.

Other suspects include Wanjala Joel, the under Secretary/accounting officer, Owor John, commissioner in charge of relief and disaster preparedness and Lutimba Kyeyune Fred Henry, the assistant commissioner in charge of procurement.

These were granted a three million cash bail each after on the fourth of May after being arrested on the 14th of April and pleaded not guilty to charges of colluding to commit fraudulent actions contrary to rules governing procurement and disposal of public Assets (PPDA Act).

Prosecution states that the above persons in their respective positions between the 31st March and 8th April 2020 at the office of the OPM situated at plot 9-11Apollo Kagwa road in Kampala district colluded together to commit a fraudulent practice during the procurement of food relief for COVID-19 by inflating prices from those by the suppliers.

The suspects were arrested last week by the State House Anti-corruption unit led by col.Edith Nakalema.

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.

Nizeyimana fired over abuse of office

By Sania Babirye

The deputy registrar of the executive and bailiffs division of the high court Deo Nizeyimana has been interdicted for abusing his judicial authority.

According to the interdiction letter written and signed by the chief registrar Tom Chemutai dated 29th june 2020, Nizeyimana has been fired on he orders of the acting chief justice and also deputy chief Justice Alfonse Owinyi Dolo.

In the said letter, Nezeyimana is further accused of producing poor standard of work contrary to the judicial service Regulations and conducting himself in a manner prejudicial to the image,dignity and reputation of the service .

Evidence shows that on the 2nd of June 2020,Nizeyimana issued an ex- pate Garnishee order in a case between Total Uganda ltd and O A Basid ltd where the assistant registrar of the same court had issued an interim order of stay of execution in the same matter on the 2nd of October 2019.

Nizeyimana also is said to have issued the said order in defiance of the chief justice’s directives suspending execution proceedings inline with the National Directives to curb the spread of COVID-19 pandemic.

The said order was also issued without notifying the respondent.

The chief registrar says his Nizeyimana has been forwarded before the judicial service commission for disciplinary action and ordered to hand over with immediate effect all government property’s and court files to the registrar of the high court.

The letter further states that Nizeyimana will be receiving half salary and is bared from leaving Uganda without the permission of the chief registrar.

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

Acid attacker sent to jail

By Sania Babirye

A 34year old house wife has been charged and remanded to Kigo government prison on charges of attempted murder after she allegedly hired people to pour acid on a man she had defrauded 25 million shillings from by falsely promising to take him abroad for employment abroad.

Doreen Ndaula a resident of Gangu Makindye in Kampala has been remanded after she pleaded not guilty to the said offense before Makindye court chief magistrate Prosy Katushabe.

She has been remanded until the 22nd of this month for trial after state prosecutor Lydia Nakato informed court that investigations into the matter are complete.

Prosecution states that Ndaula on the 3rd of June 2020 at Gangu Makindye attempted to murder Collins Kawuki whom she defrauded 25million shillings promising to take him abroad for jobs whereas not.

According to evidence before court, the accused person after failing to take the victim abroad hired two men who pored acid on him.

She was arrested on Wednesday after the victim identified the car the hired hooligans used to pour acid on him.

The two men were traveling in the said car however after pouring the acid on the victim, they were forced to abandon the car because it failed to start and the victim was able to identify it as that belonging to the suspect who was also his friend.

Sakwa’s interdiction case dismissed

By Sania Babirye

The high court in Jinja has dismissed an application in which interdicted Jinja RDC Eric Sakwa was challenging his interdiction by the secretary to the office of the president Hajji Kakande Yusuf calling it unlawful.

Justice Jeane Rwakakooka has ruled that Sakwa’s interdiction was lawful despite him being appointed by president Museveni because he was still bound by the public service standing order.

Justice Rwakakooka has further noted that Sakwa did not adduce any other evidence to prove that his interdiction is not governed by the Public service standing order other than an appointment letter by president Museveni.

Sakwa had also challenged the 4th may 2020 letter of interdiction on the grounds that it didn’t have president Museveni’s signature,but justice Rwakakooka has also dismissed the said argument on grounds that by virtue of the public service commission Regulations, Hajji Kakande being a responsible officer in the President’s office had the legal authority to interdict him since Sakwa is a public officer until he is cleared of charges of manslaughter and robbery.

The judge has also dismissed Sakwa’s claims that he was interdicted without being heard ruling that his interdiction was not subject to the right to be heard since interdiction is but a first set to disciplinary proceedings and that he decision was also rational since Sakwa’s was arrested, charged with manslaughter and remanded to prison.

Justice Rwakakooka has further ruled that Sakwa unlawfully added hajji Kakande to the said suit but by law, the attorney general was the only respondent to the said suit and declined to order any compensation to him.

Sakwa had claimed that the said interdiction was fake because it was only president Museveni with powers to interdict him among other grounds.

However, president Museveni on the 21st of May sent Sakwa on forced leave until hearing and determination of his manslaughter case.

On the 29th of April, Jinja court Chief magistrate Jessica Chemeri released Sakwa on a non cash five million court bond after spending five days in Kirinya government prison.

The 38 year old is charged with man slaughter by causing the death of Isanga Charles,theft of empire waragi worth four hundred thousand and malicious damage to property.

He is charged jointly with 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.

Tumukunde granted a UGX 50M non cash bail

2021 Presidential hopeful sec Lt.Gen.Henry Tumukunde has been granted bail by the High court in Kampala.

The former security minister who has been on remand at Luzira prison since the 18th of March has been released by Justice Wilson Kwesiga after reviewing his earlier tough bail conditions he had issued.

In the review, Justice Kwesiga has now accepted his sureties including his wife Stellah Tumukunde, brother in-law Hannington Karuhanga and family friend Matthew Rukikaire as substantial sureties .

Justice Kwesiga has now ordered that Tumukunde signs a 50 million shillings non cash bail, deposit his passport in court and has also ordered his sureties to execute a non cash bond of 50 million shillings and make sure that he returns to court when needed.

The judge had first ordered Tumukunde to produce at least two serving army officers at his rank or above his rank approved by the chief of defense forces to stand surety for him.

However, Tumukunde filed an application seeking a review of the said conditions saying as a retired soldier who is charged with treason, he was not able to find a serving army officer at his rank or above who would be willing to stand surety for him and that by law, it did not apply to him.

And today, Justice Kwesiga was in agreement with Tumukunde and ruled that given the nature of the offense he is a charged with, no Military officer of his rank or above either retired or not was or is willing to associate with him.

Justice Kwesiga has also ruled that the said bail terms be applied before city hall Magistrate court where Tumukunde is charged with offenses of unlawful possession of firearms and ammunition.

On the 4th of this month, Gen.Tumukunde’s wife petitioned the high court seeking a review of the tough bail conditions that were issued by Justice Kwesiga if he is to be granted bail.

Some of the conditions he challenged included an order that Gen.Tumukunde must at least presents two sureties who are serving army officers at his rank or above his rank with an introduction letter from the chief of Defense forces to stand for him yet he is a retired army officer not subject to military law or otherwise.

Other conditions challenged included; Tumukunde to reconsider re applying for bail 30 days after the country wide ongoing lock down, allow him to represent a duplicate certificate of his residence at plot 12 Kololo hill drive and finally grant him bail pending trial.

According to his Wife Stella Tumukunde, , the said conditions made it practically impossible for Gen.Tumukunde to realize bail and high court should squash them and grant her husband bail immediately pending trial and determination of his case.

She stated that all military officers at Rtd. Gen.Tumukunde’s rank or above his rank are serving in the Government of Uganda either in the UPDF or in other government positions and can not be allowed to stand surety for him on alleged charge of treason.

She further stated that Gen.Tumukunde had already substantial sureties presented to court including herself, his brother in-law Hannington Karuhanga, his friend Mathew Rukikaire that are substantial sureties.

She also challenged the one month extension given to state to complete their investigations after lifting of the ongoing lock down before Gen.Tumukunde re applies for bail claiming that its not certain when the lock down will end and that police is not affected by the lock down since they are among the listed essential service providers who continue to operate their daily duties including the investigations and can access the alleged witnesses even in the ongoing lock down.

She adds that the suspect cannot interfere in any ongoing investigations since the particulars of the alleged offense is clear including the talk show on which he allegedly made the statement, the date and time and the television and police extracted the said video footage.

Through their lawyers of Tumusiime, Kabega and company advocates , Wameeli company advocates, Stella Tumukunde then asked the high court to review the said conditions and immediately grant her husband bail since he is resumed innocent until proved guilty and also the fact that applying for bail is his constitutional right on top of being a retired army officer who is not subject to military law .

On the 14th of April, Justice Wilson Kwesiga declined to grant Tumukunde’s bail application.

He was in agreement with State that completion of their investigations have been affected by the ongoing lock down due to COVID-19 and that if Tumukunde’s is released, he is likely to interfere with the ingoing Investigations.

He however, gave state one month from to complete the said investigations so as to reconsider, Gen.Tumukunde’s bail.

Justice Kwesiga also found Tumukunde’s sureties including his wife Stella Tumukunde, his son, FDCs vice president Salamu Musumba and former army commander Gen.Mugisha Muntu not substantial.

He ordered that Tumukunde provides at least two serving senior Army officers above his rank who have the abilities to prevail over him and compel him to adhere to the bail set conditions including compelling him to report back to court when needed.

Justice Kwesiga explained that in previous instances, the courts of law have been humiliated by granting senior police officers like Gen.Tumukunde bail only for such senior army officers to defy the said bail conditions including reporting back to court yet the sureties that stood for them could not compel them to report back to court.

He then advised state to complete their investigations especially evidence that they think Tumukunde will have influence over if granted bail and also advised the applicant to avail court with substantial suruties that can compel him to return back to court if granted bail.

However, justice Kwesiga did agree with the defense that Tumukunde is of an advanced age of 61 which is an exceptional circumstance for granting of bail despite being charged with a capital offence, has a fixed place of abode and the presumption of innocence until proved guilty among other grounds.

On the 8th of this month, state asked court to deny Tumukunde bail on grounds that he is likely to interfere with the ongoing investigations.

According to an affidavit that was sworn in by the investigating officer SP Richard Mugwisagye, from the CID, Gen.Tumukunde is a former minister of security who might use his influence to interfere with investigations,on top of him being a former director if ISO, commander of the 4th Division of the army in Gulu and recently retired senior army officer.

State further claims that the suspect is charged with a capital offence of treason which upon conviction carries a maximum punishment of death, and that he is likely to abscond from bail if granted to him by court.

The Rtd lt. Gen.filed his bail application on the 20th of March after being remanded to luzira prison on treason charges on the 18th March by city hall court

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.

He also face other 4 counts of unlawful possession of firearms.

Prosecution states that on March 13th 2020 at his office Impala Avenue in Kololo,was found in possession of 2 guns; an Ak47 and a pistol and 34 rounds of ammunitions without a valid firearm licence.