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Court Dismisses Application for Order to Produce Aine

The judge observed that court can only order police to produce a missing person if it is sure that indeed that missing person is in police detention. She added that in this present case, there is no evidence that Aine is being held in police custody.
30 Mar 2016 15:52
The High Court in Kampala has declined a request to issue orders to the Inspector General of Police Gen. Kale Kayihura to produce Christopher Aine, the former head of security of presidential candidate Amama Mbabazi.

Presiding judge Lydia Mugambe held that there is no evidence before her indicating that the police are holding Aine as alleged by his family.

Aine disappeared on December 14 last year from his residence in Kyanja, a suburb of Kampala. His family has since accused the police of kidnapping and holding him in ungazzeted places.

But the judge observed that court can only order police to produce a missing person if it is sure that indeed that missing person is in police detention. She added that in this present case, there is no evidence that Aine is being held in police custody.

“It's not certain that the applicant (Aine) is in police custody. I have no material evidence of how exactly the applicant disappeared to safely conclude that he was taken by the police,” Mugambe ruled.

She added that the application as presented cannot be allowed.

She further stated that the larger concern for the police and Aine's family is to trace and find Aine who has been missing for the last three months instead of trending accusations of who is holding him.

“Before I take leave, I wish to point out that the applicant has been missing for over three months now from December 2015. This in my view is a worrying case of a missing person, instead of trending accusations, the applicants family and community where he used to leave, should work with the police towards finding the applicant,” ruled justice Mugambe.

Shortly after the ruling, John Mary Mugisha, Severino Twinobusingye and Michael Akampurira, the lawyers who represented Aine in court said they respect the court's ruling as they await fresh instructions from Aine's family.

“We respect the court's ruling and we shall seek for further instructions regarding the way forward….” Mugisha told journalists.

This application to have Aine's body produced in court ‘dead or alive' by the police had been supported by his cousin Ezra Kabugo that he filed in court on January 5 this year.

Kabugo had claimed that since the arrest of his cousin by plain clothed police on December 14 last year from his residence in Kyanja, he has never been arraigned formally before courts of law and charged as the law demands.

Kabugo believed that the police was detaining his cousin in ungazzeted places and such acts were in a flagrant violation of his cousin's constitutional right to personal liberty and freedoms of movement guaranteed by the law.

Records at court had showed that on December 14 last year at around 5am,Kabugo was woken up by security guard at his residence located in Bombo, road.

The court records further indicated that his security guard then informed him that a group of police officers were looking for a Munyankole man who was staying at their apartments.

Kabugo in his affidavit had said that the same police officers who identified themselves as coming from CPS Kampala, later that day came to his apartment and demanded for the whereabouts of Aine since he sometimes spent nights at his place.

Court records had further showed that Kabugo then telephoned Aine informing him about the plans of the police to arrest him and that he informed him that another group of police officers had already surrounded his home.

Kabugo added that later that day when he tried to call Aine again, his mobile phone was switched off with neighbors at his residence informing him that the police took him away.

But the police denied ever picking Aine and that they were also looking for him to answer to criminal charges before Jinja court and electoral violence related charges before Ntungamo court.

The police put a 20 million Shilling bounty on his head for whoever gave them clues that would lead to his arrest.

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