Court has duty to protect society from lawlessness- Judge tells Kanyamunyu

The Kanyamunyu brothers and girl friend Cynthia Mumwangari in court on Thursday, March 30, 2017. Photo by Abubaker Lubowa

What you need to know:

  • Defence lawyer Caleb Alaka, however, asked the court to release his clients on bail, saying applying for bail is a constitutional right, which should not be denied.
  • Prosecution alleges that the three suspects on November 12 last year, while on Kampala-Jinja road near Malik Car Bond opposite Uganda Manufacturers Association showground in Nakawa Division, with malice aforethought, caused the death of Akena by shooting.

Kampala High Court judge, Yasin Nyanzi has given his reasons why he refused to grant bail to Matthew Kanyamunyu, the key suspect in last year’s shooting to death of child rights activist Kenneth Akena
Justice Nyanzi on Thursday said he reached his decision after being persuaded by the affidavit of state attorney, Ms Barbra Masinde who argued that Kanyamunyu has the capacity to interfere with witnesses and evidence pining him.
The judge said that although Kanyamunyu still enjoys the presumption of innocence, he is disfavoured by the fact that court has a duty to protect society from lawlessness given the nature of allegations against him.

On Tuesday this week, Justice Nyanzi released on bail Mathew Kanyamunyu's co-suspects ; Joseph Kanyamunyu and Cynthia Munwangari on grounds that the DPP's evidence indicated that they were mere accessories before or after committing Akena's murder.
The judge’s ruling leaves Mathew Kanyamunyu with two options; either to appeal against this ruling in the court of Appeal or completely abandon the bail applications and wait for trial in the convenient criminal session of the High Court.
Prosecution alleges that the three suspects on November 12 last year, while on Kampala-Jinja road near Malik Car Bond opposite Uganda Manufacturers Association showground in Nakawa Division, with malice aforethought, caused the death of Akena by shooting.