By Sania Babirye
The Court of Appeal led by Justice Christopher Madrama has denied to grant bail to the convicted and jailed former Tabliq muslim sect leader Sheikh Muhammad Yunus Kamoga.
The same Justice denied bail to another sheikh Siraj Kawooya who is Kamoga’s co convict two weeks ago. Just like in the case of sheikh Kawooya, 66 year old Sheikh Kamoga’s bail application has been dismissed on grounds that he no longer enjoys enjoys the presumption of innocence until proven guilty since he had been already convicted of a capital offense relating to terrorism.
Justice Madrama has also ruled that Sheikh Kamoga is also likely to abscond from bail since he is serving the second most capital punishment of life imprisonment. He also declined Kamoga’s advanced age of 66 years and poor health conditions were Kamoga had alleged that he needed special palliative care for severe hypertension, Ulcers and gross obesity which can expose him to cardiac complications.
However, Justice Madrama ruled that Kamoga did not prove to the satisfaction of court that Luzira prison Authorities can not manage his poor health condition.
Justice Madrama also refused Kamoga’s submissions that his appeal has a high chance of succeeding because state failed to place him at the murder scenes of both since none of the prosecution witnesses placed his client at the scenes of murder of the 2 sheikhs; Mustapha Bahiga and Hassan Kirya and its fair and just to temporarily release him.
The justice has however ordered the court of appeal to fix a date to start hearing of his appeal instead of the convicts being granted bail.
The bail application comes after Kamoga challenged both his terrorism conviction and life time imprisonment that was handed to him by the international crimes division of the high court in July 2017
In july 2017, three justices of the international crimes division of the high court led by justice Eziekel Muhanguzi setenced Kamoga and 5 others to life imprisonment and 30 years in Luzira prison after convicting each of them of verbal terrorism.
The group was however acquitted of murdering rival sheikhs Mustapha Bahiga and Hassan Kirya due to lack of evidence.
The group has since then challenged both their convictions and sentences in the court of appeal saying they were harsh and excessive .
By Sania Babirye
The international crimes division of the high court has handed a life imprisonment sentence to the Tabliq sect leader Sheikh Yunus Kamoga , his brother Multabh Bukenya, Siraje Kawooya and Fahad Kalungi.
This is after the court convicted them of Terrorism Monday.
While sentencing them the three justices led by Eziekel Muhanguzi, Percy Tuhaise and Jane Kiggudu ruled that Kamoga and his other convicts should spend the rest of their lives in prison because they committed terrorism and yet they should have developed communities since they were religious leaders but instead they chose to orchestrate the crime.
Other convicts Yusuf Kakande, Fahad Kalungi and Sekayanja Abdul Salam have been sentenced each to 30 yrs in prison after the court ruled that they were just followers
The six were convicted on acts of terrorism against a group of other Muslims with whom they had religious wrangles.
These acts include verbal murder threats and attack on their reputation such as in the case of Buganda Prince Kasim Nakibinge and Deputy Supreme mufti Muhammod Kibaate whose names and photographs were printed on fliers and distributed to various mosques arguing Muslims to shun them.
On Monday the same court acquitted the six and 8 others on the charge of murdering fellow Muslims sheikhs; Mustafa Bahiga and Ibrahim Kirya over luck of evidence .
The justices ruled that all the 36 prosecution witnesses failed to directly link the 14 suspects to the murder charges and attempted murder of sheikh Haruna Jemba.
By Sania Babirye
Muslim cleric Sheikh Mustapha Bahiga was killed because of leadership wrangles and divisions among the Musllim community. A witness whose identity has been protected has told court that Sheikh Kamoga swore before him that he would l not allow the Bahiga Faction to cause divisions amongst Muslims even if it meant killing him.
The witness has told court that he was a mediator between the factions of Sheikh Yunus Kamoga, that of Sheikh Mustapha Bahiga and Hassan Kirya. He says when went to Nakasero the enraged, chest thumping Kamoga told him Bahiga’s group should not joke with him because they had never killed, but he (Kamoga ) could kill even in broad day light.