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Court Formally Halts Kayihura Trial

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The Makindye Grade One Magistrate Juliet Nakitende halted the proceedings this morning after receiving an interim order issued by the Deputy Chief Justice Steven Kavuma on Friday last week.
IGP Kale Kayihura no longer has a case to answer
Makindye Chief Magistrate's Court has formally halted the criminal proceedings against the Inspector General of Police and seven other officers accused of brutalising the supporters of Dr. Kizza Besigye last month. 

Grade One Magistrate Juliet Nakitende halted the proceedings this morning after receiving an interim order issued by the Deputy Chief Justice Steven Kavuma on Friday last week.

Justice Kavuma issued the interim order in response to an application filed before the Constitutional Court by Robert Rutaro through his lawyer, David Oundo Wandera. The IGP, General Kale Kayihura and the accused commanders were no show in court.

They are Andrew Kaggwa, the former Kampala South Regional Police commander, James Ruhweza, the former Head of Operations, Kampala Metropolitan, Samuel Bamuziibire, the former Kampala Metropolitan Field Force Unit commander, Patrick Muhumuza, the former Operations, field Force Unit, Kampala Metropolitan South, Wesley Nganizi, the former Regional police commander, Kampala North, Geoffrey Kaheebwa, the former Deputy Regional Police Commander, Kampala South and Moses Nanoka, the former Wandegeya Division police commander.

During the same court session, the Resident State Attorney, Immaculate Angutoko, also formally informed court of how the Directorate of Public Prosecutions--DPP had taken over the matter with consent of the private lawyers

The matter was brought before court by a group of lawyers led by Lukwago & Co Advocates and Namugali, Walyemera Co Advocates. 

Angutoko asked court to avail the DPP with all the evidence on the file and witnesses for purposes of further investigations into the matter. Unlike at the previous court session on August 10 where several pro-Kayihura supporters staged a huge demonstration at court, this time around, there was calm with heavy deployment of anti-riot police. 

In his petition pending hearing before the Constitutional Court, Rutaro claims that prosecuting the senior police officers with the offence of torture without specifying the alleged acts of torture contravenes the right to a fair hearing and is inconsistent with articles 28 (1), (3) (c), 44 c, 20 1 and 2 of the constitution.

He also contends that the decision of court to charge the aforementioned officers with torture arising from the execution of their duties contravenes articles 212, 213 and 2 (1) of the constitution. Rutaro also contends that the decision to charge the officers with the exception of Gen Kayihura before the Police Tribunal as well as Makindye Magistrate's court with different charges based on the same facts amounts to double jeopardy and is unconstitutional.

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