High Court Judge Wilson J. Kwesiga has today issues criminal
summons against two police officers after they failed to appear in court for
the second time.
The police officers, identified as Detective AIP Francis
Katega and Corporal Viola Nambi, are currently attached to Kyengera and
Kabalagala police stations respectively.
However, before that, they were attached to Kajjansi police
station and were both involved in investigations against Wilson Kalenzi. In the court sitting at Entebbe, the
state accuses Kalenzi of committing aggravated defilement by performing a sexual act on a four-year-old girl. The incident allegedly took place on 29th
April 2020 in Bwebajja-Kajjansi Town Council, Wakiso district.
Kalenzi appeared before Justice Kwesiga on April 30 and
denied the charges. Thereafter, the state produced witnesses including the victim
and a medical doctor who pinned Kalenzi. However, the case was adjourned to May 6th
in order for the two police officers to testify because they were absent.
However, they also did not appear on Thursday May 6th, making this their second no-show, prompting the judge
to issue criminal summons against them.
Before issuing the criminal summons, he asked State Attorney Mariam Njuki if the duo were aware that they were supposed to appear in court. Njuki answered in the affirmative.
//Cue in: “Could it be….
Cue out:..I’ll close it.”//
Justice Kwesiga says that if the police officers do not
appear, then he will order the state to produce other witnesses or close its
case if it does not have any additional evidence to tender in. Thereafter, he will
deliver his ruling on whether or not Kalenzi has a case to answer.
He also issued criminal summons against two prosecution witnesses
who were absent from court when a matter they were interested in was brought
This was after State Attorney Mariam Njuki noted that
prosecution had lined up Joweria Nakirya and Moses Lukabubya as its key witnesses
and that they were present in court.
However, after five minutes, Njuki told court that the duo had already left the court premises.
“My Lord, in the morning, these witnesses were here in
court, but I’ve been told that they left during lunch time,” Njuki said.
The session had started at 9am but this particular case was
brought up after 3pm.
The duo are complainants in the case against a one Francis
Kimbowa. Kimbowa is charged with three counts of aggravated robbery where he
allegedly robbed Nakirya of 72.7kilograms of fish maw, valued at a total of
shillings 75million and used a gun during the robbery that took place on 13th
On the same day, he also robbed Lukabubya of his Tecno C8 mobile
phone and an iphone 6 plus phone, all valued at shillings 3.1 million. He also
accused of committing a felony of aggravated robbery, contrary to section 290
of the Penal Code Act, as count number three. The robberies took place along
Kasenyi road in Katabi Town Council, Wakiso district.
Kimbowa denied all charges. But after the state’s lawyer noted
that its witnesses had left court prematurely, Justice Kwesiga issued criminal
summons against them. He has also threatened to have the duo arrested and
remanded if they do not appear in court, also on May 7.
//Cue in:”Criminal summons be….
Cue out:…before me. Right?”//
Meanwhile, Justice Kwesiga has ruled that Duncan Besigye has
a case to answer. The 29-year-old Besigye is accused of defiling a girl aged 7
years. He allegedly committed the offence on 22nd March 2020 at
Nkumba-Bukolwa village, Katabi Town Council in Wakiso district.
the ruling in a closed session, after the victim and other witnesses including
the medical report incriminated Besigye. Besigye is now expected to defend
himself on May 10.