Police arrests Buwembo over hunger strike

By Sania Babirye

Police has today arrested a Rubaga South voter Habib Buwembo for holding a hunger strike at the high court headquarters in protest of the failure by the court of appeal to determine an election petition he filed in 2016 challenging the victory of his area MP Kato Lubwama for luck of academic qualifications.

Today, Buwembo stated that he will be under going a hunger strike at the high court headquarters until the chief justice Bart Katureebe intervened in his matter to have his case determined.

He further stated that he was going to hold his hunger strike alone to avoid police arresting him on charges of holding an illegal assembly, however, police arrested him and is currently being held at CPS.

In July 2019 drama ensued in the court of appeal after three justices led by deputy chief chief justice Alfonse Owiny Dolo denied ever making a ruling in an election appeal by Kato Lubwama without hearing the case.

The denial came after the same court of appeal Justice Cheborion Barishaki on the 28th of may announced a judgement date on the matter, but Buwembo objected to the said ruling on grounds that the judgement was illegal because court can not rule on a matter it had never heard
The deputy chief justice denied the said date calling it an error and announced that the case will be heard before a judgement is made.

In the said filed appeal, Kato Lubwama is challenging High court judge Margret Oguli Oumo’s decision to grant a Rubaga south voter Habib Buwembo to file an election petition challenging his victory due to lack of the requisite academic qualification out of time.

The the said appeal was first heard in July 2017 by the now retired former deputy chief justice Steven Kavuma, Helene Obura and Cheborion Barishaki.

However, Buwembo filed an application asking justice Kavuma to be excused from the case due to impartiality and biasness.

Ssemakade had argued that justice Kavuuma will not be partial and objective while hearing and determining the appeal with other two justices.

However in a ruling red by Deo Nzeyimana the court of appeal deputy registrar , justice Kavuma declined to step aside from the case saying litigants do not have a right to determine which judicial officers should hear and determine their cases

Justice Steven Kavuuma then heard the matter until he retired as deputy chief justice and forwarded the file to the now deputy chief justice Dolo.

In the appeal Kato Lubwama is challenging High court judge Margret Oguli Oumo’s decision to grant a Rubaga south voter Habib Buwembo to file an election petition challenging his victory due to lack of the requisite academic qualification out of time.

Through his lawyers led by Asuman Basalirwa, Kato Lubwama wants court of appeal to dismiss the high court ruling and the election petition which Buwembo has since filed against him challenging his victory .

Justice Oumo granted Buwembo’s application on grounds that evidence brought in court proved that Kato Lubwama indeed lied to the Electoral commission when he claimed that he possessed a valid 0’level certificate from Old Kampala SSS well knowing that it was not registered by the Uganda Registration services Bureau.

Buwembo claims that he has since then learnt that Kato Lubwama scored result 7 from UCE which could not be relied on to sit mature age entry exams to be admitted for a diploma in Music Dance and Drama at Makerere University.

Justice Oguli noted that fraud was a serious allegation that cold not be merely exhausted through investigations since these matters pertaining an MPs qualification was of a great national importance.

The judge also ruled that it took Buwembo seven months to discover the said fraud since UNEB clarified on Kato Lubwama’s academic papers on the 10th/October 2016 hence filing this application on the 12th/October 2016 calling for him to have can extention of time for filling the application.

By law an election petition must be filed within 30 days after an MP is gazzated.

In his defense, Lubwama says the judge has no powers to extend time set by Parliament, and allow Habib Buwembo to file an election petition to challenge his academic qualification.

This is Kato’s response to the application his Voter Buwembo filed out of time, seeking for 30 days to hunt for 500 signatures supporting his election petition, intended to throw Lubwama out of the 10th Parliament.

His lawyers led by Asuman Basalirwa informed presiding Judge Magret Oguli Oumo that the law governing Parliamentary elections is good law, because it confirms the principal of separation of powers; therefore enlarging time with no enabling provision permitting court to do so, would be judicial legislation.

He then invited Justice Oguli to be bound by the decisions of her brother justices in the High court, Court of Appeal and the Supreme court, who have extensively considered the same application and all came to one conclusion that time set by parliament cannot be extended.

Buwembo dragged Kato to court claiming that Kato Lubwama lacks the minimum academic qualifications to be a member of parliament having failed his Uganda Certificate of Education examinations.

Buwembo further contends that according to the document signed by Uganda National Examination Board, Kato obtained result 7, and therefore did not qualify for the award of a certificate.

In December 2017, High court Judge Margret Oguli Oumo granted permission to a Rubaga South voter Habib Buwembo to file an election petition against his area MP challenging his academic qualifications in not less than 30 days.

This after Justice Oguli ruled that there is unchallenged evidence on court record showing that Kato Lubwama lied to the Electoral commission that he possesses a valid certificate of O’level from Old Kampala SSS yet the same is not registered by the Uganda Registration services Bureau.

Buwembo says he has since learnt that Kato Lubwama scored result 7 from UCE which could not be relied on to sit mature age entry exams to be admitted for a diploma in Music Dance and Drama at Makerere University.

The judge noted that fraud is a serious allegation that cannot be merely exhausted through investigations since this matters pertaining an MPs qualification is of a great national importance .

The judge’s decision to enlarge time within which Buwembo can file an election petition was based on the fact that Buwombo proved that it took him 7 months to discover the said fraud UNEB having clarified on Kato Lubwama’s academic papers on the 10th/October 2016 hence filing this application on the 12th/October 2016.

Court then ordered that Buwembo has a proper case and that Kato Lubwama and the Electoral commission should pay him costs of this application.

But in the same year, the Court of Appeal issued an interim order staying the hearing of an election petition against Lubaga South MP Paul Kato Lubwama in the Highcourt.

Justice Cheborion Barishaki ruled that there are serious judicial issues that must be first investigated by the Court of Appeal before the lower court can proceed with hearing of the election petition filed by Buwembo.

The judge was in concurrence with Kato Lubwama’s lawyer Caleb Alaka that there are serious inconsistencies on the question of extension of time within which an election petition can be filed in the High court.

Alaka presented to court a number of High court decisions in which four judges declined to enlarge time fixed by parliament (30 days after an election) to file an election petition while 2 other judges have gone a head to extend this time.

It’s against this background that justice Barishaki halted the hearing of Buwembo’s election petition which had been fixed for the 2nd of March 2017 by Justice Margret Oguli Oumo until three justices of the Court of Appeal pronounce themselves on the matter.

Barishaki noted that there might be a miscarriage of justice if the petition proceeds in the High court since Kato Lubwama maintains that the said petition against him is illegal.

Buwembo on the 2nd of January 2017 filed a petition questioning Kato Lubwama’s academic qualification saying he is unfit to be an MP.

Two suspected of beating an old woman have been arrested

By Robert Segawa

Territorial Police in greater Bushenyi has so far arrested two suspects who form part of a group of people that allegedly assaulted 66 year’s old woman suspecting her for being a witch doctor.

This comes after a video of helpless elderly woman Identified as Maria Kyomugisha went viral on social media showing her being canned by two people while capturing her on video.

Addressing a news conference at police headquarters in Naguru, Police spokesperson, Fred Enanga noted that it is believed that on 1st March 2020 the suspects found the 66 year old Maria Kyomugisha in a plantation of one Lukia Atuhungire in possession of a bird skull at Kyakabizi Shell in Bushenyi district and assaulted her by canning and later took her to police where police released her on police on charges of criminal trespass

But Fred Enanga noted that after the video which shows her while being canned went on viral Social media territorial police in greater Bushenyi launched the hunt for the suspects and two of them who includes Atuhungire Lukia and the owner of the plantation and Vicente Kamukama were arrested as they look for the prime suspect identified as Keith.

He maintained that police is currently investigating two files which includes that of criminal trespass which opened up on Maria Kyomugisha and that of assault which was opened up on the suspects which assaulted her

Police says construction in the city is obstructing CCTV cameras

By Robert Segawa
Police has reported slight success in investigating crimes in Kampala with the help of footage captured by CCTV Cameras despite some challenges like power outage and constructions which disrupt their operations.

Police spokesperson Fred Enanga noted that by December 2019 a total of 296 cases registered with in Kampala were successfully investigated and culprits arrested with the help of CCTV Cameras and 123 vehicle’s conflicted in criminal incidents were impounded

Enanga says that they are seeing a reduction in crimes especially in Kampala were cameras where erected but he says that they are working with the city planners to see how they can minimize the disruption of the underground fiber optic cables due to their constructions which is making the cameras fault at some point .

Enanga also noted that they can not use CCTV camera in areas of Clock tower and other areas construction of the Kampala flyover project is happening yet these areas are hiding places of criminal elements.

Besigye arrested after failed attempt to meet Kamizingi traders

By Robert Segawa

Former Forum for Democratic Change presidential candidate Dr. Kizza Besigye has been arrested and detained at Nalufenya police station.

Policelearned that the ex FDC president was planning to meet traders and their leaders of Kamizingi market this afternoon so this morning they surrounded Sun Set hotel where he spent the night. Besigye was then arrested as he left the hotel to Kamizingi market.

On Tuesday, Dr. Besigye was arrested and detained at Nalufenya police station after police blocked his planned meeting in Njeru municipality

He was arrested together with former leader of opposition Wafula Ogutu and Bugiri municipality mayor.

Police , Bobi Wine point fingers at each other over death of people power supporter

By Robert Segawa

Police and Kyadondo East member of Parliament, Robert Kyagulanyi are accusing each other of releasing a false report regarding the death of Ritah Nabukenya.

Nabukenya who was involved in a fatal accident on Monday morning was a well known staunch people power member.

Bobiwine and his group have since attributed her death to the police patrol vehicle which allegedly knocked her near Nakawa market opposite Nakawa central division office.

However, police says the victim died from crush injuries that were caused by double Bodaboda accident which involved two motor cycles.

The police spokesperson, Fred Enanga in a statement released today says police motor vehicle registration number UP4841 was driving along Naguru road behind Nakawa Market. In between it was over taken by speeding Bodaboda that was carrying another passenger. unfortunately it come into the path of an oncoming Bodaboda from the opposite direction resulting into head on crash. According to the police statement, the boda boda that carried the victim fell down in the collision infront of a police patrol car, the other boda boda staggered and sped off the scene.

Police findings indicate that the deceased was putting on a black light trouser with a cream blouse and there was nothing like red cap or T shirt associated Bobiwine’s People power.

However, Kyadondo East legislator is still accusing police of covering up it’s crime against humanity.

Police fires tear gas and live bullets to disperse Bobi Wine’s supporters

By Robert Segawa

Police fires teargas and live bullets to disperse supporters of Kyadondo East members of Parliament Robert Kyagulanyi Ssentamu aka Bobiwine in Ndeeba this afternoon. Police says that they were blocking the legislator from accessing Pope Paul Memorial center for a consultative meeting, which they further state that he had not full filled the requirements for this meeting to happen as per January meeting held at electoral commission early this year.

The angry Bobi Wine supporters prompted police to shoot live bullets and teargas to disperse them after blocking Kibuye Nateete highway by burning old car tires.

During the scuffle police arrested 15 suspects to help them in investigating.

Luke Owoyesigyire, Deputy Kampala metropolitan police spokesperson confirmed the incident saying they will be charged with inciting violence.

Kadaga calls for special consideration in recruitment of females in the police force

By Robert Segawa

The Speaker of Parliament, Rebecca Kadaga has asked the Police leadership to encourage more women into the force.

The Speaker made the appeal during the second Uganda Police Force (UPF) female officers conference 2020 at Imperial Royale Hotel in Kampala on Friday.

Kadaga said during recruitment women should be given special consideration by abolishing academic requirements such as having scoring credits in English and Mathematics so that more females are attracted into force.

Kadaga was responding to the report that only 18 percent police officers are female.

She urged police to provide mobile toilets to the officers deployed in operations such as Fika Salama to enable women officers have privacy when nature calls.

Reverend charged for faking kidnap

By Sania Babirye

An Anglican Reverend who called his family and claimed to have been kidnapped by security operatives in civilian clothes has been arraigned in Nakawa chief magistrate court and charged with giving false information.

The Reverend is identified as 37 year old Isaac Mwesigwa, attached to St .John Cathedral Kasaka in Gomba district .

He has appeared this afternoon before chief magistrate Ruth Nabaasa and pleaded not guilty.

The married Reverend and a student at Uganda Christian university Mukono however has been granted a one million cash bail after presenting substantial sureties including his biological mother and an associate pastor of St. John’s cathedral Kasamba; Ddembe Tabithia .

The father of four has also cited poor health including abdominal pain and acute stress as another ground for his bail application.

Prosecution states that on the 12th of February 2020, while at the Counter -Terrorism police Headquarters in Naguru -Kampala , Rev Mwesigwa gave false information to a one Jimmy Alex Ojok; a police officer attached to the said unit that on the 9th of February 2020 he had been kidnapped by unknown persons well knowing that such information would cause the police officer to dedicate his time and resources to investigate it.

Evidence further shows that after a through investigation and viewing CCTV footage by Ojok, Rev. Mwesigwa was seen carefully parking his car at Namisigye village in Seeta Mukono and jumped on a motorcycle to a unknown destination.

The said vehicle was later found by detectives on the 12th of February this month parked at the same spot .

The country woke up on the morning of 9th of this month with news from the media that a Reverend had gone missing after being kidnapped by unknown personnel.

His uncle whom he had called before his alleged kidnap had gone to the media pleading for his return alive, saying his relative called him and informed him that security operatives in civilian clothes had stopped him over unknown reasons and wanted to take him away.

His wife was also seen on television begging for anyone who might have kidnapped her husband to return him safe and sound.

However, on the 12th of this month, the clergyman was found at Soroti diocese but insisted that he had been kidnapped and bartered by the said unknown kidnappers before dumping him in an isolated place .

Missing Reverend found alive and well

By Robert Segawa

The Reverend Isaac Mwesigwa a resident of Kasaka Gomba was allegedly kidnapped on Sunday night has been found alive.

Mwesigwa was discovered in Soroti and is currently in the hands of Archibishop of the church of Uganda the Rt Reverend Stanley Ntagali.

Mwesigwa was allegedly kidnapped by armed criminals at Misindye last Sunday on his way to Uganda Christian University Mukono.

His car registration number UAR 468D Toyota Raum was on Tuesday found abandoned at Seeta with all his belonging.

Kampala metropolitan deputy police spokesperson Luke Owoyesigyire confirmed the development saying he was found with a friend.

Police has no powers to summon judges over court judgements

By Sania Babirye

The Judiciary says the Uganda police has no powers to summon a magistrate in regard to a judgement she made over a court case.

The judiciary was responding to an article in one of the local news paper on the 11th February 2020 titled: “Magistrate summoned over controversial land eviction order”.

The newspaper article refers to a Police investigation relating to an alleged illegal eviction and malicious damage to property arising from Civil Suit in the Hoima Chief Magistrates’ Court.

According to the summon, the magistrate was needed to record a statement in relation to the investigations.

However, the acting Chief Registrar, Tom Chemutai, has since advised the Director Criminal Investigations that it is irregular for the Police to summon a Magistrate over a court decision.

“The Police cannot summon Judicial Officers to explain how they handle court cases but can only seek clarification from court ”

The chief registrar further says that the constitution gives the judiciary independence and not subjected to the control or
direction of any person or authority.

Chemutai however, has advised anyone dissatisfied with any court decision to appeal to a higher court including
the Inspectorate of Courts, the Chief Registrar, or Judicial Service Commission for
proper investigations to be conducted and appropriate action taken.