Court orders government to produce Tumukunde's guards

Lt Gen (rtd) Henry Tumukunde. His bodyguards Mr Denis Okello and Mr Charles Labeja Ongom have now spent 22 days in cells without being produced before court. FILE PHOTO

What you need to know:

  • He said that the two bodyguards are being held incommunicado and have not been produced in any court and no explanation has been accorded to them over their detention at Mbuya Military Barracks.
  • According to the application, the two applicants on March 12, at about 7.00pm together with others while at Lt Gen (rtd) Tumukunde's offices along Impala Avenue, Kololo, were surrounded by police officers and other security operatives.

High Court in Kampala has ordered government to present the two bodyguards of presidential aspirant Lt Gen (rtd) Henry Tumukunde.

Justice Easta Nambayo ordered for production of Mr Denis Okello and Mr Charles Labeja Ongom before court after the duo through their lawyers of Wameli & Co. Advocates filed a habeas corpus application.

A habeas corpus application is made in court seeking a person under detention to be brought before a judge or magistrate especially to secure that person's release unless lawful grounds are shown to justify their continued incarceration.

"Upon hearing the submissions of Mr Anthony Wameli appearing together with Mr Geofrey Turyamusiima, counsels for the applicants, the Attorney General is hereby ordered to have the body of the two applicants produced before the High Court in Kampala on April 29, 2020," Ms Nambayo ordered.

In a sworn affidavit filed in on April 22, Mr Turyamusiima said that the applicants’ detention is illegal, unlawful, unconstitutional and an infringement on their personal liberty.

He said that the two bodyguards are being held incommunicado and have not been produced in any court and no explanation has been accorded to them over their detention at Mbuya Military Barracks.

According to the application, the two applicants on March 12, at about 7.00pm together with others while at Lt Gen (rtd) Tumukunde's offices along Impala Avenue, Kololo, were surrounded by police officers and other security operatives.

"The applicants with others were detained at the said offices through the night of Thursday March 12 up to Friday March 13. The applicants were taken to the Directorate of Criminal Investigations Kibuli where they each recorded plain statements and were kept up to about 10.00pm before being transferred to Kira Road Police Station," Mr Turyamusiima said.

He further stated that on March 18, the applicants together with other persons were brought to the Chief Magistrate's court on two counts of obstruction contrary to Sec 238(b) of the Penal Code Act.

"That while the applicants and others were waiting in the court holding cells to be presented before the magistrate, security operatives came and whisked them away and took them back to Mbuya Military Barracks where they are being held to date," Mr Turyamusiima said.

He noted that it is now over 22 days since the applicants were arrested and detained.