Col Ndahura charged, remanded to Makindye military prison

KAMPALA- Col Atwooki Ndahura, the former police director of police Crime Intelligence has Friday  been remanded to Makindye Military Prison over accusations of interfering with the process of law.

Col. Ndahura was arraigned before the Unit Disciplinary Committee (UDC) of the Chieftaincy of Military Intelligence (CMI) at Mbuya, close to two weeks after his arrest.

He is one of the 26 police and military officers who were arrested over suspected criminal activities during the 13-year reign of  Gen Kale Kayihura as head of the police force.

Army and Defence Spokesperson Brig. Richard Karemire said that Col Ndahura was charged with interfering with the process of law contrary to Section 166 of the UPDF Act 2005.

The Mbuya-based UDC chaired by Col Tom Kabuye, remanded Col Ndahura to Makindye Military Prison until July 13 this year.

The law:

Section 166(1) of the UPDF Act of 2005, states that a person subject to military law, who unlawfully interferes with the process of law as set out in the Act, commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

Controversy

Col Ndahura was arraigned and charged before the army court hardly three days after the Civil Division of the High Court in Kampala ordered the UPDF to produce him on July 2.

Justice Musa Ssekaana issued the order reasoning that there was no justification for the continued detention without trial of Col. Ndahura.

“This is a proper case and court accordingly issues a harbeus corpus to be returned on July 2,” Justice Ssekaana ordered.

The court order followed an application in which the family of Col Ndahura asked the court to order the CMI and the Attorney General (AG) to have him produced in court immediately.

Col Ndahura was arrested at Peace Corner Motel in Masindi Town on June 11.

Col Ndahura’s wife Sarah Ndahura argued that her husband was unjustly deprived of his personal liberty contrary to Article 23 (6) (a) of the Constitution.

She argued that Col Ndahura was being held incommunicado and had not been produced or charged in any court of competent jurisdiction nor has his family, lawyers and doctors been allowed access to him.

“On June 15 at around 10am, my lawyers, our family doctor and I, went to Makindye Military Barracks to see [Col Ndahura]. However, we were denied entry and we were asked to return the following day,” Ms Ndahura’s affidavit read in part.

Background

In March, the army recalled Col. Ndahura who had earlier served as a commander in the Presidential Protection Unit (PPU) now the Special Forces Command (SFC) from police where he had been serving as the Director in charge of Crime Intelligence.

He was in 2015 appointed the head the Crime Intelligence unit which had been formed after a wave of violent crimes in the country which had been attributed to lack of intelligence by the police.

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