Kayihura’s day in court

Kampala. Gen Kale Kayihura was yesterday 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 Inspector General of Police (IGP).

Appointed IGP in September 2005, shortly before Opposition leader Dr Kizza Besigye returned from exile in South Africa, Gen Kayihura immediately threw his hat into the fray and worked to thwart Dr Besigye’s political activities, cultivating trust with his Commander-in-Chief that saw him lead the Uganda Police Force for more than 12 years. He often received praise and exaltations from President Museveni as he went about his work.

The Force’s budget allocation rose exponentially under Gen Kayihura’s watch, enabling him to recruit more numbers into the police ranks, procure more equipment and develop some infrastructure, including the building of the police headquarters at Naguru in Kampala.

Powerful man
But as his power and influence grew and lasted – he was regarded by many as the most influential figure after President Museveni – Gen Kayihura was accused of stifling political dissent, militarising the police Force, and later the police Force was said by the President himself to have been infested with criminals. As the clock ticked towards Gen Kayihura’s eventual sacking in March, many anticipated that he would be dropped, but it was hard to see him arrested and charged in a court of law.

The highly anticipated court appearance of the man who was larger-than-life less than a year ago came 72 days or approximately 1,728 hours after his arrest on June 13. This is way beyond the 48 hours that the law permits the State to hold a suspect before presenting him in a court of law or releasing him on bond. If anyone would be permitted any cynicism, they would point out that Gen Kayihura caused many to be held for long periods without charge and strongly defended it when he was police boss.

But the issue of holding Gen Kayihura at Makindye Military Police Barracks beyond the legally permissible time without charging him was loudly flogged by Mr Peter Kabatsi, a former Solicitor General and now a lawyer with Kampala Associated Advocates.

Mr Kabatsi led a high-powered team of lawyers from the same law firm, including Dr Elly Karuhanga, a former Member of Parliament subscribing to the ruling party, former prosecutor Joseph Matsiko, Mr Ellyson Karuhanga, Mr Jet Tumwebaze and Dr Charles Kalumiya and the Court Martial Defence lawyer Capt Charles Sekayita.

Precedent
Gen Kayihura is the first four-star general to be charged in a military or any court in Uganda under President Museveni. Before him, former Army Commander James Kazini, now deceased, was the most high profile officer to take the ignoble stand in the Court Martial dock.

At the headquarters of the Military General Court Martial (GCM) at Makindye yesterday, the fact of Gen Kayihura’s prominence was in evidence.

Gen Kayihura did not make his entry into the holding cells through the inlet that is used by the ordinary suspects. He entered through the door used by the GCM chairman. And it is the same route that Lt Gen Andrew Gutti, the GCM chairman, used on the day.

To get to the court, Gen Kayihura was driven in a double-cabin pick-up truck with tinted windows, escorted by two vehicles full of heavily armed military police personnel. The vehicles made their way into the court compound at about 10.11am.
Small-bodied and largely inward-looking, Gen Kayihura is known to cut a forlorn figure in public, something he did even more during the proceedings, which, in total, lasted about 40 minutes. He looked thoughtful and largely expressionless, but appeared to have lost a bit of weight in his ill-fitting army uniform.

Bail hearing for Tuesday
Shortly after the three charges were read out to the former IGP, Mr Kabatsi launched into a verbal bail application, citing the cases of the deceased former army commander, Maj Gen Kazini, and Uganda Media Centre deputy executive director, Col Shaban Bantariza, whose bail applications were heard without first filing papers in advance.

“Our client has been confined at the military barracks at Makindye since June 13 on no formal charges, in fact no charge at all. This is exactly 72 days or approximately 1,728 hours of detention. This is not in conformity with the Constitution and other laws of this country,” Mr Kabatsi said.

He continued: “Our client was well aware of his rights and what to do to stop this injustice of unlawful detention because it is beyond 48 hours. However, on his own instructions and after consultations with his legal team, we considered that his accusers have a run through their pile of falsehoods because we knew the truth would triumph.”

Mr Kabatsi went on to thank the UPDF leadership and the authorities at Makindye Military Police Barracks for treating Gen Kayihura “with respect”. However, in the process, the judge advocate interjected and asked what his comment was about after court adjourning the case to September 4 for mention.
“I am applying for bail for him…..” Mr Kabatsi responded.

Light moment
At the tail end of the defence lawyers’ pleadings, another defence lawyer, Mr Karuhanga, amused court when he pleaded for Gen Kayuhira to be released on bail so that he may “touch” his wife given the long detention period.

“Our client has been in the custody of the military. It’s today when he breathed some fresh air. There is a weekend ahead. You can allow the determination of the bail basing on a written chit of paper. You have done this with other cases. He deserves to walk out of the court to freedom and touch his wife,” he submitted amidst laughter in court.

The judge advocate then clarified that once the chairman has passed his ruling, the same can’t be reversed.
Gen Gutti had earlier set Tuesday for hearing the bail application.

“Don’t you have records in your office?” Gen Gutti retorted. “Then go and put the notice of record in black and white. I have given you a short time than appearing on September 4, but I have instead given you 28 August. Come on the 28.”

Side shows
Supporters A handful of people dressed in black T-shirts attended the court session. Inscribed on the T-shirts were words at the front and back sides reading: “We stand with you, Gen Kayihura”, “We stand for truth & justice”, respectively.
Gen Kayihura looked composed in the court dock and he was seen with a small black handbag where he had kept his pen and paper. He sat in the chair in the dock and he was seen taking notes as the court proceedings went on.
When the GCM chairman had read out the charges in connection with the aiding or kidnapping of the Rwandan nationals, the crowds in the court jeered in protest. But this was short-lived and the chairman did not say a word about the incident.