Police: Gen Kayihura has not received criminal summons
Inspector General of Police Kale Kayihura at a recent function in Kololo, Kampala. FILE PHOTO
KAMPALA- Police have accused the private prosecutors, who dragged the Inspector General of Police and seven other senior officers to court over torture of supporters of Opposition leader, Dr Kizza Besigye, of malice and abuse of the court process.
At least 20 lawyers led by Mr Abdullah Kiwanuka brought charges against the police chief, Gen Kale Kayihura, and senior police commanders, Mr Andrew Kaggwa, former Kampala Metropolitan Police (KMP) South commander, Mr James Ruhweza, the KMP operations commander, and Mr Samuel Bamuzibire, the former KMP Field Force Unit commander.
Other officers charged are Mr Patrick Muhumuza, the former KMP South operations commander, Mr Wesley Nganizi, the former KMP North commander, Mr Geoffrey Kaheebwa, the former KMP South deputy Commander, and Mr Moses Nanoka, the former Wandegeya Division commander.
All officers were summoned by court to appear next Wednesday at Makindye Chief Magistrate’s Court.
Mr Fred Enanga, the police spokesperson, yesterday said they have been waiting for court summonses for more than a week in vain.
“It is therefore, malicious and vexatious, that in their attempt to promote access to justice, as an important constitutional role, they were abusing court processes by failing to validly summon the police, to enable us prepare our defence in an effective and timely manner,” Mr Enanga said.
The private prosecutors accuse the officers of acting contrary to Section 4, 7, 8, 9 and 10 of the Prevention and Prohibition of Torture Act of 2012.
Gen Kayihura and the officers were charged in their individual capacity. The private prosecutors said if the officers were to be charged in their official capacity, the summonses would have been sent through the Attorney General.
Mr Enanga said Gen Kayihura and his co-accused did not give directives as individuals, but they were executing police duties and thus need the support of the police as an institution.
Last Sunday, the lead private prosecutor, Mr Abdullah Kiwanuka, told Daily Monitor that officers charged alongside Gen Kayihura declined to receive the summonses opting to be summoned through the Inspector General of Police.
After failing to serve the officers, Mr Kiwanuka said they are going to seek an order from the same court to serve them through the media, which in legal terminology is called substituted service.
More than 200 Pro-Kayihura motorcyclists yesterday held a meeting in Kampala District and vowed to cause chaos at court next week if the IGP appears in court. The patron of Boda Boda 2010, an association of boda boda riders, Mr Abdul Kitatta, said they are going to petition President Museveni that the charges in court are fronted by a group in government that want Gen Kayihura out of police.
