The Prosecutions has opposed the second bail application by Abdullah Kitatta, the jailed patron of Boda boda 2010 Association, saying he is capable of meddling with evidence once released. Kitatta is battling charges of illegal possession of military supplies, a monopoly of defense forces.
These include four UPDF uniforms, head gear, two pistols, AK47 gun and 55 rounds of ammunition. He was picked up together with twelve others from Vine Hotel Wakaliga and Busega between January 19 and 21st, 2018 and arraigned before the UPDF General court martial.
Kitatta applied for bail through his lawyer, Siena Owomugisha on grounds that he is the sole bread winners of his family comprising of three wives and 13 children who depend on him for survival. He also argued that he needs to be released from Makindye Military barracks where he is detained to seek specialized medical attention, which he cannot access at the moment.
Kitatta also notes that he has been on remand for about nine months and is psychologically and financially constrained. He explained that he has a constitutional right to bail and that he has three permanent places of abode in Nakasajja in Mukono, Nkokonjeru and Nsangi in Wakiso district. He presented three sureties including Abdul Matovu, the LC I Chairperson Nakasajja village in Mukono, Suleiman Walusimbi his longtime friend and the Lubaga Division NRM Secretary, Muhammed Kibirige.
However, Prosecution led by Captain Samuel Maserejje opposed the bail application through a sworn affidavit by Major Dennis Katambuka one of the officers investigating Kitatta's matter. Katambuka is attached to the Special Investigations Branch of UPDF at the Chieftaincy of Military Intelligence.
In his affidavit, Katambuka says the military court needs exceptional circumstances to grant Kitatta bail given that he is charged with a capital offense. He also says Kitatta needs to demonstrate to court that he is suffering from grave illnesses that can't be handled by Makindye Military Barracks, where he is locked up.
He also said Kitatta needs to prove that he is of advanced age or underage one of the conditions that would grant him bail. In the affidavit read by Captain Maserejje, Katambuka's also argued that given his influence, Kitatta is likely to interfere with the investigations.
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He asked court to dismiss the bail application so as not affect the ongoing trial where three witnesses have so far testified against the accused persons.
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In a rejoinder, Kitatta's lawyer, Owomugisha asked Court to grant his client bail arguing that there is no proof that he will interfere with Prosecution Witnesses or evidence once released. After listening to submissions from both parties, the General Court Martial Chairperson, Lt General Andrew Gutti set November 6th, 2018 as the date for delivering his ruling on the matter.
Kitatta, who looked weak and ill, left the court limping. His lawyer Shaban Sanywa told Uganda Radio Network that his client is battling High Blood Pressure and Diabetes. Kitatta's coaccused are: Matia Senfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Fred Bwanika and Amon Twinomujuni.