Court to hear Kwoyelo's bail application on Thursday

Thomas Kwoyelo [in the dock] interacts with one of his defence lawyers Boriss Anyuru at Gulu High Court on Tuesday November 13. Photo by Julius Ocungi.

What you need to know:

  • Kwoyelo who is facing 93 charges of war crimes and crimes against humanity through his lawyers is seeking release on bail after more than eight years of being on remand at Luzira Maximum prison.
  • Justice Jane Kigundu will preside over the bail application hearing at Gulu High Court in Gulu Town according to Kwoyelo’s defence lawyer Dalton Opwonya.

The International Crimes Division of the High Court of Uganda is set to hear the bail application for former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo alias Latoni on November 15.

Kwoyelo who is facing 93 charges of war crimes and crimes against humanity through his lawyers is seeking release on bail after more than eight years of being on remand at Luzira Maximum prison.

Justice Jane Kigundu will preside over the bail application hearing at Gulu High Court in Gulu Town according to Kwoyelo’s defence lawyer Dalton Opwonya.

Mr Opwonya told Daily Monitor in an interview Tuesday that his client has been on remand for more than nine years and deserves to be given bail so that he follows the court proceeding from home.
“Kwoyelo’s trial will take more than two years. If the trial was going to take one month, we wouldn’t have applied for bail. He has stayed in prison for almost ten years, those who abducted him are rumored to be enjoying freedom from home so why not him?” Mr Opwonya questioned.

He noted that Kwoyelo still has judgment against the government arguing that it will be impossible for him to get justice and freely pursue his compensation from government while in jail.

In October this year, the African Commission on Human and Peoples’ Rights, in its ruling held at its 62nd ordinary session in Banjul in Gambia, ordered the Ugandan government to compensate Kwoyelo for violating his rights, including delayed trial.

The court ordered that the payment be made within a period of 180 days [six months] basing on international standard.
Mr Opwonya said a total of three people will stand as sureties for Kwoyelo.

Last week, the trial of Last week, Kwoyelo's bail application hearing failed to kick off in Kampala after his sureties didn’t turn up.
The sureties included; Mr Gilbert Olanya of Kilak South constituency, Kilak North legislator Anthony Akol, Amuru woman Mp Lucy Akello and Mr Lubel Olanya.

Denies war crimes charges
Mr Kwoyelo appeared Monday and Tuesday for plea taking before the three member panels of ICD Judges Justice Kigundu, Duncan Gaswaga and Micheal Elubu at Gulu High court in Gulu Town.

He, however, denied all the 93 charges read out by the ICD registrar Harriet Ssali that relate to murder, pillaging, sexual violence, rape, robbery, attempted murder, hostage taking and Kidnap which he allegedly committed in Pabbo Sub-county, Kilak County in Present-day Amuru district between March 1993 and 2005.

The Trial Judge Justice Kigundu adjourned court to February 4 2019 when the accused’s trial resumes at Gulu High Court.
Kwoyelo is the first LRA commander to be prosecuted for crimes committed during the two-decade war in northern Uganda that left thousand dead and millions displaced. Kwoyelo has been in detention since he was captured by the Ugandan army in 2008.