The Nabweru Grade one Magistrate, George Mfitundinda granted the trio bail on May 10, 2019 but they were returned to Luzira Prisons. Their continued detention stemmed from the confusion on their bail terms.
Three of the eight Kaweesi Murder Suspects Charged with Forgery of Identification Cards appearing in Nabweru Court.
The Nabweru Grade one
Magistrate, George Mfitundinda has clarified the bail terms of three
Kaweesi murder suspects. The suspects are Noordin Aramathan Higenyi, a money changer, Bruhan
Balyejusa alias Masiga, a Boda Boda Rider and Shafiq Kasujja, a Graphics
The group was dragged before the Nabweru Grade one Magistrate on two counts of unlawful
custody of National Identity cards belonging to another person and unlawful
production of National Identity cards. The Nabweru Grade one
Magistrate, George Mfitundinda granted the trio bail on May 10, 2019 but
they were returned to Luzira Prisons. Their continued detention stemmed from
the confusion on their bail terms.
While the prison
authorities argued that Mfitundinda granted the suspects cash bail of
Shillings 6 million, court records showed the bond was non-cash. As a result,
Luzira Prison authorities decided to keep the suspects pending clarification from
the trial magistrate.
On Thursday afternoon, Mfitundinda
noted that he released the suspects on cash bond of Shillings 6 million. He explained
that the confusion stemmed from an error in the typed ruling that was handed to
the suspect’s Lawyer, Anthony Wameli indicating that his clients had been
granted non-cash bond.
"The error in a typed ruling cannot override
what was announced in this open court", said Mfitundinda. He cited
provision in the Civil Procedure Act, which he said allows clarification of mathematical,
grammatical or typing errors by the trial Magistrate.
He stressed that the
accused are free to regain their temporary freedom on condition that they pay
the bond fees. Earlier the suspects through their Lawyer, Godfrey Turyamusiima
had asked court to dismiss their charges on grounds that prosecution is not
ready to start their trial.
However, the Magistrate
overruled his prayer and gave the State one last chance. It came after the State Attorney, Chris
Kahigo told court that he was sitting in for his sick colleague. Prosecution
alleges that while at Nasser Road in March, 2017, Shafiq Kasujja unlawfully
designed and printed a National Identity card in the names of Andrew
The forged ID was later
found with Higenyi Noordin Aramathan. The prosecution further contends that about
the same time Bruhan Balyejusa alias was found in unlawful possession of four
National IDs purportedly belonging to two of his co accused and John Bwambale
and Richard Toddy. The suspects appeared in court amidst heavy security
The three were part of
the eight other suspects who appeared before the International Crimes Division
of High Court in Kololo on Wednesday and were granted bail in regards to the
charges of terrorism and murder stemming from the assassination of former
Police Spokesperson, Andrew Felix Kaweesi.
However, three suspects
were re-arrested by joint security operatives and driven to unknown the
decision. The case will now return to court on September, 26th, 2019.