Through his lawyers of Wameli and Company Advocates, Nyanzi told the court in his application that he is the sole breadwinner of ten children and that he has substantial sureties.
Yusuf Nyanzi in the middle listening to Court Proceedings as Prison officers look on.
The Directorate of Public Prosecution-DPP has asked the High Court
Criminal Division to deny bail to one of the suspects charged with the murder
of the daughter and driver to the Works and Transport Minister General Katumba
Wamala.
It is alleged that Sheikh Yusuf Siraji Nyanzi a herbalist whose bail and others
still at large caused the unlawful death of Brendah Nantongo Katumba and Haruna
Kayondo.
According to the prosecution, the murder was done by shooting the deceased to
death on June 1st 2021 along Kisota Road in Kisaasi Nakawa Division in Kampala
District. The former Chief of the
Defense Forces Katumba Wamala survived but sustained gunshot injuries
which he is steadily recovering from.
But after the incident, Nyanzi was the first person to be arrested on June 16th
2021 from his home in Kisaasi Kyanja in Nakawa Division and seven other
suspects have since been charged before the Nakawa Chief Magistrates and
equally been remanded to Kitalya Government's prison also on similar charges.
The seven others are; Hussein Sserubula, Muhammad Kagugube alias
Musiramu alias Mugisha alias Mbavumoja ,Kamada Walusimbi alias Mudinka ,Siriman
Ayuub Kisambira alias Mukwasi Koja , Abdulaziz Ramathan Dunku , Habib
Ramanthan Marjan and Huzaifa Wampa.
With exception of Hussein Sserubula who also filed a separate bail application
about two weeks ago on the same day with Nyanzi, the rest are yet to apply.
However, through his lawyers of Wameli and Company Advocates,
Nyanzi told the court in his application that he is the sole breadwinner
of ten children and that he has substantial sureties.
The 46-year-old listed his wife Sumayyah Musa Namulindwa, his friend Yusuf
Ssemugabo and his brother Jamil Ssebaduka as his sureties.
Nyanzi further noted that the offences against him are bailable
by the High Court and that he will not interfere with the on-going investigations once
released.
However, the DPP has objected to the bail, in an affidavit seen by URN which
was sworn by Detective Assistant Inspector of Police Desire K. Wandera who
is one of the officers investigating the case.
According to Wandera, "the applicant/Nyanzi belonged to the
Allied Democratic Forces-ADF a prescribed terrorist group, who was previously
granted amnesty by the Government of Uganda in 2013, but he violated
it".
This is not the first time the Directorate of Public Prosecutions
is using this ground as a basis to object to the bail of Nyanzi.
In 2018 and 2019, when Nyanzi was seeking bail concerning five
other murder cases against him, that includes the murder of former Police
Spokesperson Andrew Felix Kaweesi his bodyguard Kenneth Erau and driver
Godfrey Mambewa, Major Muhammad and his bodyguard Sergent Steven Mukasa, the State
raised the same ground.
But Nyanzi was later released on bail pending the determination
of those cases until his re-arrest last month on Katumba Wamala shooting.
The prosecution now adds that the charges against Nyanzi "are all
grave in nature and involved personal violence, upon conviction, they carry
maximum sentences of death and once the applicant is granted bail, it is highly
probable that he will abscond from the court process".
The affidavit of Wandera also points out that "the applicant does not have
substantial sureties to ensure that he will report to court whenever required
to.
Therefore, in the interest of justice, the DPP wants bail denied on the said
circumstances.
The High Court now is waiting for a response from the lawyers representing
Nyanzi on the allegations stated by the DPP before Justice Tadeo Asiimwe who is
handling the matter gives them a date for ruling on the application.
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