In her ruling, Justice Jane Persis Kiggundu denied Nyanzi bail on several grounds including the fact that he doesnt have a fixed place of residence. She observed that according to court documents, Nyanzi lives in three places including Kyempisi, Nansana and Nakawa, which makes it difficult to track him.
The International Crimes Division of High Court has declined to grant bail to Yusuf Nyanzi, one of the suspects in the murder of Major Muhammad Kiggundu.
Justice Jane Persis Kiggundu delivered her ruling on Monday morning following the bail application by Nyanzi. The suspect is also charged with terrorism, abetting and aiding terrorism and aggravated robbery and the murder of former police spokesperson, Andrew Felix Kaweesi, his body guard Kenneth Erau, driver Godfrey Mambewa, and Sergeant Steven Mukasa, the bodyguard of Maj. Kiggundu.
The suspect applied for bail through his lawyer, Anthony Wameli on grounds that he is the sole bread winner of his family, and that he was tortured while in police custody. He also argued that he was feeling weak and that he had spent long on remand yet there was no hope that his pretrial and trial would start soon.
However, the State Prosecutor, Marion Ben Bella asked court to dismiss Nyanzi's application, saying he was facing capital offenses, which included loss of lives. She had also explained that in 2003, government granted Nyanzi amnesty but he continued committing capital offenses, which makes granting him bail improper.
In her ruling, Justice Jane Persis Kiggundu denied Nyanzi bail on several grounds including the fact that he doesn't have a fixed place of residence. She observed that according to court documents, Nyanzi lives in three places including Kyempisi, Nansana and Nakawa, which makes it difficult to track him.
She also noted that while Nyanzi's lawyer told court that his client has body weakness, he didn't provide any medical proof to substantiate the sickness. Justice Kiggundu also said court wasn't convinced about the relationship between the suspects and his sureties. Nyanzi had presented his wife, Summayah Namulindwa Musa, his sister in law and farmer Hadijah Natukunda and Musa Katumba, the proprietor of M/S Abubaker Swidiq Secondary School and resident of Kyanja in Nakawa Division as his sureties.
"The alleged wife Summaya Namulindwa didn't prove to be a wife. She didn't provide to court a marriage certificate,” said Justice Kiggundu. She also noted that while in his application Nyanzi claims that he has several children to look after, none of the children belongs to Namulindwa. Justice Kiggundu also said Natukunda's name also confused court, which made it difficult to tell whether she is a cousin or sister to the suspect.
She disqualified the two sureties, saying they were not substantial and the fact that he faces capital offenses. Justice Kiggundu said the State Attorney, Marion Ben Bella notified court that inquiries into the matter are complete and directed the Deputy Court Registrar to fix the matter for pretrial as soon as possible.
Nyanzi's lawyer, Anthony Wameli told URN that they don't agree with the court ruling.
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Nyanzi was arrested on May 18th, 2017 from Zana. He was charged on July 6th, 2017 before the Nakawa magistrates' court, which committed him to the International Crimes Division for trial on October 10th, 2017. He is charged together with Sheikh Yahaya Mwanje, Muhammad Buyondo, Abdu Wahab Sendegeya, Musa Sekandi and Siraje Kalyango Jibril.