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State Frustrates MP Kabaziguruka Bail Application

Earlier in the day, a representative of the Directorate of Public Prosecutions Isaiah Wanamama told court that the constitution does not allow the DPP to proceed in matters before the General Court Martial.
Hearing of a bail application by jailed Nakawa Division MP Michael Kabaziguruka has failed to take off before the High Court in Kampala.

The application was frustrated by confusion about which state agency was to handle the matter. Earlier in the day, a representative of the Directorate of Public Prosecutions-DPP Isaiah Wanamama informed court that the constitution does not allow the DPP to proceed in matters before the General Court Martial.

But Ladislaus Rwakafuuzi, Kabaziguruka's lawyer asked court to proceed without the representative of the state. However, court presided over by Justice Yasin Nyanzi gave the DPP time to first consult further on whether they can proceed or not.

Later in the afternoon, the DPP's representative maintained that it would be illegal to proceed to oppose Kabaziguruka's bail application.

The stance prompted defense lawyers to ask for a one week adjournment to enable them serve various government agencies including, among others, the Attorney General, the General court Martial and the DPP.

This according to Rwakafuuzi is for the named agencies to choose among themselves who is appropriate to handle Kabaziguruka's bail application, which comes barely a month after another High Court judge Patricia Basaza declined to stop his trial before a military court.

Justice Basaza in her ruling held that Section 119 of the UPDF Act gives unlimited jurisdiction and powers to the General Court Martial to try even civilians like MP Kabaziguruka. The MP was challenging his prosecution before the military court.

Kabaziguruka, who is currently held at Kigo government prison, is jointly charged with 20 UPDF officers before the General Court Martial for allegedly plotting to infiltrate defense forces and prejudice its security to overthrow the government of Uganda by use of firearms.

The offenses were allegedly committed between February and June this year in districts of Kampala, Wakiso and Luweero.

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