“.... We have studied both your pleadings and the Authority of Hon Michael Andrew Kabaziguruka Vs Uganda, HC/CR/MA/258/2016 attached to your letter above, and have concluded that since your application arises from a case before another court (the General Court Martial), and in view of our more recent decision of Haji Abdallah Kitatta Vs Uganda HC/CR/MA/43/2018 (that is available online), we cannot entertain your Application”, reads the letter in part.
High court
has declined to hear the bail application for 36 supporters National Unity
Platform-NUP party supporters battling charges of illegal possession of military
stores in the UPDF General Court Martial.
The suspects are Ali Bukeni alias
Nubian Li, Edward Ssebuufu alias Eddie Mutwe, Hassan Ssemakula alias Abdul
Souldier, Kenny Kyalimpa , Mudde Ntambi, William Nyanzi alias Mbogo,
Lukeman Mwijukye alias Kampala, Muhammad Nsubuga alias Eddoboozi ,
Adam Matovu, Shakirah Nambozo alias Sukie, Ibrahim Tamale, Muzafuru
Mwanje alias Main Gate alias Muwa, Ismail Nyanzi Kaddu, Achileo Kivumbi, Joseph
Onzima alias Tawa, Anthony Agaba alias Bobi Young and Robert Kivumbi alias
Mighty Family.
The others are Samson Ssekiranda alias Giant,
Sharifa Najja alias Don Sharifa , Brian Ssemanda alias Director Museveni Must
Go, Robert Katumba, Faisol Kigongo alias Ras Fazo , Musa Mulimira,
Sam Mutumba alias Papa Sam , Richard Kalema alias Ricardo, Alex Karamagi alias
Doggy City, Daniel Onywerot alias Dan Magic , Hussein Mukasa alias
OShea, Johnbosco Sunday alias JB, Isma Muganga alias Jaja Isma, Fahad
Tamale and Bashir Murusha.
The suspects
are part of 49 NUP supporters who were arrested during the campaign trail of
the former NUP Presidential candidate, Robert Kyagulanyi Ssentamu in Kalangala
district. They appeared before the Masaka Chief Magistrates after spending three
days in custody, which granted them bail. However, they were re-arrested and
presented before the UPDF General court-martial for illegal possession of
ammunition.
On February
15th, 2021, the UPDF General Court Martial Chaired by Lt. General
Andrew Gutti declined to release the accused on bail on grounds that they would
continue perpetrating acts of violence once released. The accused’s lawyers led by George Musisi
filed another bail application in the High court on a number of grounds. They argued
that bail is a constitutional right and that the accused had substantial
sureties and permanent places of residence, which fall within the jurisdictions
of High Court.
However, the Deputy Registrar of the Criminal
Division of High Court Festo Nsenga has written to the applicant’s lawyer
saying that they are unable to entertain their application. “.... We have
studied both your pleadings and the Authority of Hon Michael Andrew
Kabaziguruka Vs Uganda, HC/CR/MA/258/2016 attached to your letter above, and
have concluded that since your application arises from a case before another
court (the General Court Martial), and in view of our more recent decision of
Haji Abdallah Kitatta Vs Uganda HC/CR/MA/43/2018 (that is available online), we
cannot entertain your Application”, reads the letter in part.
In his March
3rd, 2021 letter, a copy of which URN has seen, the Registrar adds
that their file has consequently been closed and that their pleadings returned.
In Kitatta’s case, High Court Judge Wilson Kwesiga struck off his
application for bail on grounds that it had been filed before the wrong court. The judge reasoned that “for any court to exercise its discretion to grant
bail, it should be fully possessed with the facts and the circumstances
obtaining at the pending trial”.
“I have also
considered the views that the High Court has unlimited jurisdiction overall
the offences under trial however, bail is not an offence but a discretional
procedural relief that is inter-locutory and the court handling the trial is
the most appropriate to grant it after considering all the circumstances of the
case as a whole,” said Kwesiga.
However, in
an earlier case, High Court Judge Yasin Nyanzi granted Michael Kabaziguruka bail
after the Director of Public Prosecutions –DP had declined to attend
proceedings on grounds he can’t be a party to proceedings in the General Court
Martial.
The Judge held that a court cannot be approached by someone who is
seeking justice and it decides to fold its arms more so when the DPP had not
opposed the case. Following the
registrar’s response, the accused’s lawyer, George Musisi, said they intend to
return to the head of the High Court Criminal Division to discuss some issues
in the law before deciding their next course of action.
