State wants Tumukunde’s case against CID boss dismissed

By Sania Babirye

The state has asked the high court to dismiss an application in which 2021 presidential aspirant Rtd.lt.Gen.Henry Tumukunde filed in the high court civil division seeking to stay proceedings against CID boss Grace Akullo before high court Judge Musa Sekana and have the case forwarded before the constitutional court for interpretation.

Appearing before Justice Musa Sekana, the attorney general has sworn an affidavit through state attorney Emelda Adong asking court to dismiss the said application in grounds that it has no grounds for any constitutional interpretations.

The attorney general States that the said application is an abuse of court process because it has no value and lacks purpose since he is legally allowed to represent government and its institutions and servants by the constitution of Uganda.

He has also asked Justice Sekana to order Tumukunde to pay him costs to the said suit.

The application arose after Justice Musa Sekana dismissed an application in which Tumukunde through his lawyer Anthony Wameeli wanted court to remove the attorney general from representing CID boss Grace Akullo since he had sued her in her individual capacity.

Tumukunde wants the constitutional court to interpret if a government lawyer has powers to represent anyone being sued in his her individual capacity despite being a civil public servant

He also wants court to interpret whether the Attorney General was legally right to refuse from representing Akullo who was being sued in her individual capacity.

Tumukunde further wants the constitutional court to interpret if Justice Musa Sekana was right to refuse to summon Grace Akullo from appearing in court and defend herself on allegations of violating his constitutional right to liberty and free expression and also refuse to drop the government lawyer from the case and only remain with Akullo.

In August this year, Tumukunde dragged the CID boss and the attorney to the high court accusing her of violating his constitutional right to liberty and free expression.

This is after he was summoned to appear at the CID headquarters on the 17th of August to to be grilled why he was meeting veteran soldiers.

He then went to court seeking those summons to be quashed because they were in violation of his constitutional rights.

He asked justice Sekana to drop the attorney general from the case and remains with only Akullo which court declined to grant and instead ordered both parties to fine their written submissions so that he ruled on the application on the 23rd of next month.

Tumukunde’s case against EC, CID dismissed

By Sania Babirye

2021 presidential aspirant and former security minister Rtd.Lt.General Henry Tumukunde has lost a case in which he was seeking court to stop the Uganda police and Criminal Intelligence department boss Grace Akullo from violating his rights to liberty, free speech and association by allegedly threatening to arrest him due to lack of evidence.

Justice Musa Sekana has dismissed his application on grounds that Tumukunde failed to produce material evidence to prove that the defendants violated his personal liberties.

Justice Sekana also noted that the police has a right to investigate and detect crime and that if it ruled in Tumukunde’s favor, he will be interfering with police’s constitutional mandate to detect crime , preserve law and order and to protect lives and property.

The judge further noted that no case was made by Tumukunde against police and Grace Akullo to warrant court to issue an injunction since in his affidavit, Tumukunde only states that the said summons did not disclose any type of charge slapped against him.

He explained that it’s not clear whether Tumukunde was summoned to appear either as a suspect or a witness and thar the court can only extend its protective hand to a citizen who is being wronged or deprived of his property without following the law but rather not to issue orders that perpetuate a threatened crime which has been detected by police.

Although Tumukunde had asked court to award him 70 million shillings in compensation, the court has instead ordered him to pay costs to police and Akullo.

On the 27th of August, Tumukunde petitioned the high court seeking orders to stop the government from ever threatening to arrest him on grounds that the said arrests are in violation of his constitutional right to liberty and freedom of expression.

This is after Tumukunde snapped summons by the CID to appear at the headquarters in Kibuli on the 18th of August over allegations that he met veteran soldiers and held other gatherings in violation of the Standard operation procedures.

Through his lawyer Anthony Wameeli, Tumukunde wanted court to issue a permanent order restraining the state from ever issuing him such arrest threats because bing a presidential aspirant, he is mandated by law to consult voters and gather signature
3/4 of signatures from at least 100 districts of Uganda in order to stand for presidency which will be interfered with by the said arrests .

He claimed that he did not break any law by meeting up with the army veterans because he duly picked nomination forms as a presidential aspirant and notified the Electoral commission of his intentions to consult and traverse the entire country looking for the required signatures.

Tumumunde noted that this was just to frustrate and suffocate his political ambitions by state because politicians from the ruling NRM party have on several occasions involved veterans in political activities and none of them has ever been summoned at CID.

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 .

Tumukunde demands that health minister Ruth Aceng resigns

By Sania Babirye

2021 presidential aspirant Lt Gen Henry Tumukunde says heath minister Dr.Ruth Aceng should resign for disregarding her own COVID-19 lock down standard operational procedures she recommended and preached to Ugandans on TVs and radio stations .

According to Gen.Tumukunde, Ugandans have a right to be angry at leaders who do not practice what they preach and its only through a new health minister that Ugandans will gain trust in the health ministry.

Tumukunde says that Uganda is on a lock down because of Dr Aceng’s recommendations but if one of Uganda’s most impressive, professional and disciplined minister was seen disregarding her own guidelines,how can she then expect other Ugandans to respect and observe them.

He adds that minister Aceng should resign as it has been seen in other countries including New Zealand and UK where health minister and junior minister resigned for breaching COVID-19 lock down guidelines as the only alternative that a responsible and accountable leader can do to gain back public trust.

Tumukunde further notes that as EC called for scientific campaigns, its sad that health minister Dr.Aceng held an open rally disregarding the scientific campaigns without wearing face masks or social distancing.

He says that may be NRM as a party is hiding under the SOP to impose restrictions on Citizens and opposition to freely participate in the coming elections

Tumukunde has joined other Ugandans to criticize health minister Jane Ruth Aceng after she was photographed meeting alleged voters without wearing a face mask.

Gen.Tumukunde says that it is appalling for a minister who introduced and championed the standard operational procedures including wearing of face masks and maintaining social distancing to combat the spread of COVID-19, to be the same person to Publically fail to practice the same measures.

In a press conference released Gen. Tumukunde says that its sad that on the 10th of this month, pictures and a video of minister Aceng surrounded by a group of people who were not wearing face masks or observing social distancing emerged when many Ugandan continue to observe the standard operational procedures .

NRM legislator thrown out over closeness to Tumukunde

By Alice Lubwama

The ruling party NRM in Parliament has fired Annet Nyakecho from the Committee on Information, Communications and Technology (ICT) committee .

Nyakecho who is the Tororo north legislator recently joined the former minister for security who declared his intention to contest for presidency Henry Tumukunde .

In the latest designations to Sectoral Committees, the NRM through the Government Chief Whip, Ruth Nankabirwa announced the dropping of Nyakecho as Chairperson of the Committee on Information, Communications and Technology, replacing her with Dokolo north Member of Parliament Paul Amoru .

Nyakecho was a arrested with Henry Tumukunde and are now on charges of obstruction of officers on duty.

She is the only chairperson dropped from the committee .

Tumukunde demands revision of EC 2021 election road map

Former security minister Lt Gen. Henry Tumukunde who at the beginning of this year declared his interest to contest for the presidency, has called for a postponement of the 2021 general election.

Speaking to journalists at his home in Kololo, Tumukunde said it’s impractical to have ‘meaningful’ elections in the country where people can choose their leaders in a free and fair manner, going by the revised roadmap of the electoral commission.

Last week, the Electoral Commission chairman, Justice Simon Mugenyi Byabakama said they were pushing ahead with the elections amidst the Coronavirus pandemic scare in order to comply with the dictates of the constitution. Under article 61 [2] of the constitution, the Electoral Commission is mandated to organize an election in the first 30 days of the last 122 days to the expiry of the term of office of the president, parliament or local government.

However, Byabakama said despite pushing ahead with the elections, it doesn’t mean that they are oblivious of the danger posed by the Coronavirus. To reduce on the risk, he said, they were banning all open-air campaigns in favour of digital campaigning where candidates use the media.

But to Tumukunde, this is a nonstarter especially when one considers the ownership of media in Uganda.

He called on the Electoral Commission to continue engaging all stakeholders in order to agree on a compromise position. He said elections in the past have caused a war in Uganda which resulted into the NRM taking over power in 1986, therefore, they shouldn’t be played with.

However speaking on Tuesday to political party leaders under their umbrella organization National Consultative Forum, Byabakama said they have no powers to amend the law to extend the election or declare a state of emergency which would enable the extension of the election. “Extending an election is a work of another agency; if it tells us to stop, we will stop,” said Byabakama.

Asked what he would do were the Electoral Commission refuses to adhere to his proposals, Tumukunde said he’s consulting with other opposition political players to come up with a common ground. He added that if they are unsuccessful in stopping the Electoral Commission from organizing next years’ elections and there is no united front against it, then he will have no doubt but to be part of it.

“We shall do everything possible to stop a negative election or a wrongly done election from taking place and once we discuss and agree on a position, I will be with them. I don’t have to be escorting them but I’m dependable and you can count on me. If their position doesn’t favour my deep thinking on the matter, I will choose the course of the group that I’m leading,” said Tumukunde.
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Tumukunde set to reveal 2021 presidential plans

By Sania Babirye

2021 presidential candidate hopeful Lt.Gen. Henry Tumukunde has announced that he will be revealing his 2021 presidential plans in three days time.

Gen.Tumukunde’s lawyer Anthony Wameeli made the revelation this morning at Buganda road court were their client had appeared for further mention of his treason and unlawful possession of fire arms cases.

Wameeli also revealed that Gen.Tumukunde will also reveal what he went through while in detention at Luzira prison were he had been in remand since the 18th of Match this year before he was granted bail on the 11th of this month.

Gen.Tumukunde appeared before city hall grade one magistrate Valerian Tuhimbise who adjourned the case to the 2nd of June after state prosecutor Joseph Kyomuhendo informed court that their investigations are not complete due to the ongoing COVID-19 lock down and needed more time to complete them.

The magistrate also declined a request by Tumukunde’s lawyer to have state given the last adjournment since their client is hoping to stand for presidency and nerds to be free from continues court appearances.

State had asked court to dismiss the said request saying its too early for Tumukunde to ask for a last adjournment when the 2021 elections are still far.

And as a result, the magistrate dismissed the request on grounds that its too early for Tumukunde to ask for a last adjournment and that due to the chief justice directives issued, only urgent cases and bail hearing are being heard in the ongoing COVID-19 lock down.

On 18 of March 2020, Tumukunde was remanded to Luzira prison 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 television 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 triable only by the High court .

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.

Tumukunde frustrated by the way he is being treated in jail

By Sania Babirye

Jailed senior army retired officer Lt.general Henry Tumukunde has today expressed before court frustrations on how he is being treated in detention at Luzira prison on charges of treason and illegal possession of fire arms and ammunition.

Gen. Tumukunde while appearing via a video visual link before city hall court grade one magistrate Valerian Tuhimbise has informed court that he is being held in solitary confinement in Luzira prison.

Tumukunde has further informed court that he is not being treated like other prisoners since he has been denied access to either his family members, lawyers and personal doctor.

He has further expressed concern that he does not have any changing clothes and is forced to re appear in court dressed in the same shirt yet it is his constitutional right to get another.

Meanwhile, state has informed court that investigations into his treason case are still ongoing asking for more time.

Now the magistrate has advised Tumukunde’s lawyers to apply for bail for their client and adjourned the matter to the 20th of this month.

He had returned today for further mention of his cases at Buganda road court.

Tumukunde is charged with treason and four counts of unlawful possession of fire arms and ammunition.

On 18th of this month, Tumukunde was remanded to Luzira prison after he pleaded not guilty to 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 triable only by the High Court .

Sick Gen. Tumukunde sent to Luzira

By Sania Babirye
Rtd.Gen. Henry Tumukunde has been remanded to Luzira prison by city hall court grade one magistrate Valerian Tuhimbise.

This is after Gen.Tumukunde was charged with treason and four counts of unlawful possession of fire arms and ammunition.

He has however 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 Television 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

He has 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 General .

Prosecution led by Viola Tusingwire has informed court that investigations into the said counts are complete and ready to bring witnesses on the 30th of this month for hearing.

Tumukunde has now been remanded to Luzira prison also until the 23rd of this month on the treason count, however court has explained that on that day, Tumukunde will not physically appear in court but will appear under the video conferencing link at Buganda road court on treason charges.

He will appear before city hall court again on the 30th of this month to start trial on unlawful possession of fire arms and ammunition.

Treason, is a capital case bailable and tryable only by the High court .

The magistrate has also refused submissions from his defense team to grant him bail over ill health.

Court ruled that Luzira prison is well equipped to manage his poor health conditions.

Gen.Tumukunde however did not stand in the court docket because he was sick.

Gen Tumukunde was brought at court amidst tight security by counter-terrorism security personnel.

Only family members, his lawyers and state prosecutor were allowed to enter court and his nurse who brought a bucket with his medication in court.

Many journalists were blocked from accessing Court room as security locked all the entrances to the court room.

Tumukunde was assisted into the court room by two plain clothed detectives because he can not walk by himself.