Court fears Kittata’s release will interfere with witnesses

By Sania Babirye
The General Court Martial at Makindye has  dismissed a second bail application filed by jailed Boda-Boda 2010 patron Abdullah Kitatta.
The seven member  court chaired by Lt. Gen Andrew Gutti has unanimously ruled that Kitatta being  the NRM chairman of Lubaga division and a  leader of Uganda Drivers and cyclists association, is an influential person in society who can interfere with lined up court witnesses.
The court has also ruled that Kitatta has led no proof to the effect that  his alleged grave illness cannot be managed/ treated  on remand by  doctors at Makindye police Military barracks .
 Kitatta was arrested on 20th/January 2018 by officials from CMI on charges of unlawful possession of firearms, ammunition and Military gear.
 Since then his attempts to be freed on bail have proved futile as the Army court keeps on rejecting his pleas for bail with the recent one being  filed on 30th/ August /2018;  2 days after  the same court  had released the former IGP Gen  Kale Kayihura  who is said to have illegally given him(Kitatta) the guns .
In his dismissed bail applications, Kitatta says his health is in jeopardy because  Doctors at  Luzira prison where he was first remanded to advised him to investigate and urgently  carry out special medical tests for a grave -illness,  something he says he has not yet  done for the last ten  months.
 Kitatta also listed several  other grounds for bail including;   bail  being his constitutional right , having fixed places of abode at both Nakasajja in Mukono and Nkokonjeru in Nsangi and the fact that  he is a sole bread winner of his extended family of 3 wives and 13 children  which he claims is psychologically and financially constrained because  of  his continued incarceration.
Kitatta whose first bail  application was rejected  in June  for  fear that he would interfere with state witnesses and for presenting low ordinary surities , this time   however had    presented his long time friend  Suleiman Walusimbi a public relations officer from State House, the Rubaga Division NRM General Secretary Muhammad Kibirige and his area LC1 chairperson Abdul Matovu.
This court has found his surities to be  substantial but due to the grave nature of his offenses that attract a maximum penalty of death, he has been denied bail.
He has therefore  been remanded back at Makindye Millitary police Barracks until the 13th/November for further hearing of his case.
This has angered his family and friends who had come to welcome him back from prison and vowed not to set foot at court again.

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.

Kitata challenges army court trials

By Sania Babirye
Troubled leader of the now defunct   Boda-Boda 2010 Abdullah Kitata who is charged with unlawfully possessing fire arms and army uniforms has challenged his trial by the Army court.
Kitata has filed an application  before the Highcourt  in which he wants court to declare that the General court martial sitting in Makindye is illegally trying him.
In his application , Kitata is suing not only the army court but also it’s registrar John Bizimana, Judge Advocate Gideon Katinda, the Army prosecutors ,  the Attorney Genaral and the Director of Public Prosecutions.
He accuses the plaintiffs of  violating his fundamental rights by trying him in the army court yet he is not a soldier.
 According to Kitata, high court should declare his trial null and void on grounds that the army court has no powers to try him since he is not an army officer but a civilian.
He says that in that regard it should be the high court with jurisdiction  to try him and wants an order also transferring his case to either a magistrate or criminal division of  the high court.
This application  comes after the army court last week commenced his trial in which his alleged three guns, 15 bullets and army uniforms were exhibited in court as evidence to prove the charges against him.
The same court also denied Kitata’s bail application on grounds that he is likely to interfere with witnesses due to his close working relationship with the Uganda Police police and luck of substantial sureties.
The same court also refused Kitata’s request to be transferred transferred from the Makindye military police barracks were he is currently on remand to Luzira prison.
Kitata has been on remand  since February /2018 .
Him 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.

Kitata’s plea to leave jail hangs in balance

By Sania Babirye
The leader of  the now defunct Boda-Boda 2010  Abdallah Kitata will have to wait a little Longer to see if he might get a temporary release from jail.
This is after the General court martial sitting in Makindye failed to pronounce itself on his bail application due to its busy calender.
The seven member court chaired by Lt. Gen.Andrew Gutti  today remanded Kitata back to Makindye military police barracks until the 21st of this May despite having set today as the ruling date.
Today, Kitata through his lawyer Shaban Sanya begged the court to determine his bail  or set an earlier date on grounds that his life can not contain the harsh life he is subjected to while on remand.
Among these harsh conditions that Kitata alleged include the fact that he is not allowed to perform his five obligatory daily prayers as a Muslim and a tiny jail cell that he is living in without lift.
However the court ruled otherwise and adjourned his bail ruling until the 21st of May saying they are currently busy.
Kitata applied  to be temporarily released from prison  where he has been on remand since February /2018 on grounds he has a terrible health condition  which can not be adequately treated while he is on remand at Makindye police Military barracks and that he can not perform his duties as a sole bread winner for his family and those duties as NRM Rubaga division vice chairman among others .
However state maintains that Kitata should not be granted bail because he is likely to abscond from bail and interfere with investigations.
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.

Kitata’s request to moved from Makidye to Luzira prison not granted

By Sania Babirye
The General Court Martial sitting in Makindye has started hearing of  the case against the leader of  Boda-Boda 2010 Abdullah Kitata and 12 others.
Today, prosecution led by Raphael Mugisha has presented two witnesses including Private Ruchard Kasajja to testify against Kitata and others before   army court chaired by Lt.Gen. Andrew Gutti.
Kitata and his 12 co accused are together charged with  6 counts including unlawful possession of firearms, live ammunition, Military head gears and uniforms
However  Kitata  is facing   5 separate  charges of being in unlawful possession of an SMG gun, 3 pistols  and 50 rounds of live ammunition which Prosecution  says  are  only a monopoly of the Uganda Peaople’s Defense Forces.
The rest of the  accused  are said to have connived with Kitata to unlawfully  possess  Military head gears and uniforms that    were allegedly  found on  them  on the 18th/January 2018  in  a Motor vehicle at Vine Hotel in Wakaliga within Kampala city.
The  army  court did also refuse Kitata’s  request to be transferred from Makindye military police barracks back to Luzira prison when he had alleged that he was not
receiving enough or adequate  medical care and access to his relatives  while in the army detention.
Gen Gutti declined on grounds that his decision to have Kitata remanded to Makindye barracks can not be reversed since Kitata was transferred for security reasons.
He has since applied for bail citing poor health conditions.