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Man sues Kayihura over dead wife

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By Lydia Mukisa  (email the author)
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Posted  Friday, January 15  2010 at  00:00

In Summary

Mr Byabasaija now wants court to grant him damages, saying the killing of his wife was unjustifiable and illegal.

A man, whose wife was shot dead at Kasubi during the September 2009 riots that engulfed Buganda following the strained relations between the Central government and Buganda Kingdom, has sued the Inspector General of Police for his spouse’s loss.

Mr Abdalla Byabasaija wants Kampala High Court to compel Maj. Gen. Kale Kayihura, jointly with government, to compensate him for the loss of his wife, Stella Kabasinguzi, who was shot dead from the verandah of her house in Kasubi Zone 4, a Kampala suburb.

Through his lawyers, Mr Byabasaija says the alleged killing of his wife by the police and army was a breach of her fundamental right to life. He adds that the killing was done by security personnel who were acting under the instructions of Maj. Gen. Kayihura, who is jointly liable with the Attorney General for the deceased’s fundament right to life.
The police spokesperson, Ms Judith Nabakooza, said yesterday they are waiting for guidance from the Attorney General.

The September 11 riots left some 27 people dead and many injured after the government barred Buganda Katikkiro, JB Walusimbi from entering Kayunga District, who was to preside at the kingdom’s Youth Day celebrations.

Court appeal
Mr Byabasaija now wants court to grant him damages, saying the killing of his wife was unjustifiable and illegal.
It is alleged that the deceased was shot twice in the chest in front of their house and died on her way to Mulago Hospital.

She is survived by three children, aged between one and six years. In an affidavit, Mr Byabasaija claims that no explanation has been forthcoming from Gen. Kayihura and Attorney General as to why his wife was killed because he never saw the postmortem report.

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“I went to Mulago Hospital where the deceased’s body was examined and the police at the hospital’s casualty unit refused to give me the postmortem report, saying it was only for police,” says Mr Byabasaijja.