High Court orders army to produce Kipoi

What you need to know:

  • Kipoi was extradited from Botswana last year following an arrest warrant in 2014. Through his lawyers led by Mr Ronald Iduuli, the former MP, contends that he is being detained illegally at the Makindye military barracks.
  • He challenged the jurisdiction of the military court to detain and try him yet he is a civilian. The High Court dismissed his petition but he appealed to the Court of Appeal and the case is still pending disposal.

The High Court on Wednesday ordered the Commandant of the Makindye Military Prison to present former MP for Bubuulo West in Buduuda District Mr Tonny Kipoi Nsubuga for hearing of his bail application.

According to the production warrant, the military authorities are expected to present Mr Kipoi at the High Court before Justice Jane Frances Abodo on Thursday..
“You are hereby directed to produce the above named Hon. Kipoi for hearing of this application on February 14 without fail,” reads the warrant signed by the court’s deputy registrar, Ms Mary Ikit.

On February 6, the High Court failed to hear Kipoi’s bail application after the military authorities did not present Mr Kipoi before the judge.

READ:

Army denies picking former MP Kipoi from Luzira prison

There were reports that Kipoi was missing from Luzira prison where he had been remanded

Mr Kipoi is currently on remand on orders of the General Court Martial at Makindye. He is jointly charged with five soldiers of the Uganda people's Defence Forces (UPDF) over treason.

Other suspects are: Sgt Albino Okeng and Sgt Yunus Lemeriga; Lance Corporals Adams Mawa and Rogers Mweru formerly attached to the Armoured Brigade headquarters in Masaka and Private Saidi Dodola, formerly attached to the Special Forces Command.

Kipoi was extradited from Botswana last year following an arrest warrant in 2014. Through his lawyers led by Mr Ronald Iduuli, the former MP, contends that he is being detained illegally at the Makindye military barracks.

He challenged the jurisdiction of the military court to detain and try him yet he is a civilian. The High Court dismissed his petition but he appealed to the Court of Appeal and the case is still pending disposal.

Prosecution case
The prosecution contends that between November 2012 and December 2013 in diverse places in Kampala and upcountry, Mr Kipoi convened meetings to recruit soldiers into subversive activities to overthrow the government of Uganda.
It is alleged Mr Kipoi held meetings with DR Congo rebels and UPDF soldiers in a guest house in Kabarole District to arm them.