Army court postpones decision on Kitatta's bail plea

What you need to know:

  • Ekalungar was kidnapped on January 2 as he took the hospital’s money worth Shs15m to the bank. His body was discovered a day later at Kajjansi, burnt beyond recognition.
  • CMI took over investigation into Ekalungar’s gruesome murder after police detectives claimed they were stuck with case since it involved Boda boda 2010 a group that was loyal to Gen Kale Kayihura.

KAMPALA. The Army court has ordered prosecution to disclose all exhibits and witness’ statements that they intend to rely on, in the trial of the patron of Boda boda 2010 Association, Abdallah Kitatta.

Kitatta is charged with unlawful possession of fire arms among other cases.
“You are hereby ordered to disclose everything to the defence so that we can have a good run. We had ordered earlier that disclosure should be done but you only served Maj Brian Moogi who has just received instructions. Even you (defence) lawyers, why do you sit back and wait for the very day instead of coming to state and ask for materials they are going to use in the trial,” held Lt Gen Andrew Gutti who chairs the General Court Martial sitting at Makindye.

Describing failure of the disclosure as denial of the suspects’ justice, Gen Gutti directed that all witness’ statements and any other material they intend to rely be exchanged as required by law for fair trial.
The court order came after the suspects through their lawyers, denied the first prosecution witness, Pte Richard Kasaija arguing that his statement was not disclosed to them before.

One of the suspects’ lawyers, Mr Shaban Sanywa told court that prosecution has never disclosed anything about the witness (Pte Kasaija).
Kitatta is jointly charged with twelve other suspects including, Mr John Ssebandeke, a crime preventer of Nabweru in Wakiso District.

Other suspects include members of Boda Boda 2010 Association; Joel Kibirige, Matia Ssenfuka, Hassan Ssebeta, Jonathan Kayondo, Hassan Ssengoba, Sunday Ssemwogerere, Husein Mugema, Fred Bwanika, Amon Twinomujuni, Sowali Ngoobi and Ibrahim Sekajja.
They all denied the charges against them.
Meanwhile, Gen. Gutti has adjourned to May 7 for ruling on bail application and May 21 this year for hearing of prosecution evidence.

Prosecution case:
The state alleges that on January 21 this year at Vine Hotel at Wakaliga, Nateete in Rubaga Division Kampala District, Kitatta and the co-accused persons were found in possession of two guns SMG, three pistols and bullets without holding a valid firearms certificate and military uniforms which are a monopoly of the defence forces.

Background

Kitatta and his co-accused persons, all members of infamous Boda boda 2010 were first charged before Chieftaincy of Military Intelligence’s (CMI) Unit Disciplinary Court (UDC) at Mbuya with five counts, one of which is failure to protect war materials that attracts a death sentence on conviction.

The suspects were arraigned before the military courts under section 119 of the UPDF Act that provides for persons subject to military law.
Section 119 (1) (h), (i) provides that any person found in unlawful possession of arms, ammunitions or equipment ordinarily being the monopoly of the Defence Forces, becomes subject to military law.

Kitatta was arrested on January 20 this year, a day after CMI apprehended his young brother Huzairu Kiwalabye in connection with the kidnap and killing of Case Hospital accountant, Francis Ekalungar.

Ekalungar was kidnapped on January 2 as he took the hospital’s money worth Shs15m to the bank. His body was discovered a day later at Kajjansi, burnt beyond recognition.
CMI took over investigation into Ekalungar’s gruesome murder after police detectives claimed they were stuck with case since it involved Boda boda 2010 a group that was loyal to Gen Kale Kayihura.