Kayihura bail application to be heard Tuesday
What you need to know:
- The last charge of aiding or kidnapping from Uganda, the prosecution alleges that Gen Kayihura between 2012 and 2016, by omission and commission, aided and abetted the actions of subordinate police officers and others on various occasions, without hindrance to kidnap and illegally repatriated Rwandan exiles, refugees and Ugandan citizens to Rwanda.
Kampala. Former Inspector General of Police (IGP), Gen Kale Kayihura, has listed 11 grounds in a bid to convince the General Court Martial that will sit today in Makindye, Kampala to release him on bail.
Gen Kayihura was last Friday charged with two counts of “failing to protect war materials” and one count of “aiding and abetting kidnapping from Uganda” of Rwanda nationals while he was an IGP.
The grounds listed by the former IGP that he filed before the court yesterday are; constitutional right to apply for bail, charged with bailable offenses, been in unlawful detention since June 13 and was only charged last Friday, has substantial sureties, he is of advanced age (62) and has never been charged or convicted of any criminal offence before.
Former Inspector General of Police (IGP), Gen Kale Kayihura arrives at the General Court Martial on Tuesday. Photo by Alex Esagala
Grounds
The other grounds are; strong belief in his innocence and that he is ready to prove that whenever the trial commences, sole bread winner for his family, has a fixed place of abode in Muyenga, Kampala, has a health complication that needs specialised treatment, and will not abscond court.
According to our sources, the sureties to bail out Kayihura are; Maj Gen James Mugira who is the managing director and chief executive officer of the National Enterprise Corporation (NEC), the business arm of the Uganda People’s Defence Force (UPDF); Entebbe Municipality MP Rose Tumusiime and Maj Gen Samuel Kavuma, the deputy commander of Land Forces of UPDF.
Gen Kayihura’s lawyers of Kampala Associated Advocates (KAA), had last Friday pleaded with the court to release their client on bail shortly after he was formally charged but the chairman, Lt Gen Andrew Gutti ordered them to file grounds first.
The chairman promised to hear Kayihura’s bail application today.
Gen Kayihura has been in detention at Makindye military barracks for the last 75 days.
According to the charge sheet, Gen Kayihura between 2010 and 2018 on various occasions, allowed the issue of arms and ammunitions to unauthorised persons, Boda Boda 2010 headed by Abdullah Kitatta, who is currently on trial before the same court.
Accountability
Under the second count of failing to protect the war materials, the prosecution alleges that the four-star general between 2010 and 2018 failed to supervise and ensure accountability for arms and ammunitions issued to the units referred to as specilised under the office of the IGP.
Sympathisers of Gen Kayihura line up to attend the General Court Martial hearings. Photo by Alex Esagala
The units are named as; flying squad, specilaised operations, witness protection and the crime intelligence directorate of the Uganda Police Force.
The last charge of aiding or kidnapping from Uganda, the prosecution alleges that Gen Kayihura between 2012 and 2016, by omission and commission, aided and abetted the actions of subordinate police officers and others on various occasions, without hindrance to kidnap and illegally repatriated Rwandan exiles, refugees and Ugandan citizens to Rwanda.
The former IGP denied all the three charges on Friday.
The law
Section 122 (1) of the UPDF Act, reads that a person subject to the military law who fails to protect war materials, misuses or sells them, commits an offense and on conviction, is liable to suffer death.
