Gen Tumukunde released after 60 days in Luzira

Former Security minister Lt Gen Henry Tumukunde interacts with his aide at City Hall Grade One Magistrate’s Court in Kampala on March 18. He has been released on bail. PHOTO BY ABUBAKER LUBOWA

After spending exactly 60 days in both police and prison detentions, presidential hopeful, Lt Gen (rtd) Henry Tumukunde, has finally been released on bail.

He regained his temporary freedom yesterday on his second bail application. This was after the head of the High Court Criminal Division, Justice Wilson Kwesiga, rescinded his earlier decision and released the former Security minister on a non-cash bail of Shs50m.
The court session at Buganda Road Court in Kampala was conducted by video conferencing as the three-star general did not physically appear in court. He followed the court proceedings from Luzira prison.

His three sureties, who included his wife, Ms Stella Tumukunde, were each bonded at Shs50 million (not cash).
He was also ordered to deposit his passport in court.

Prior to granting Gen Tumukunde bail, Justice Kwesiga concurred with him that with the treason charges he is facing, no serving military officer at his rank of Lt Gen or higher, would want to associate with him.

The judge had in his last month’s bail terms ordered Gen Tumukunde to present at least two sureties who are serving military officers at his rank or higher with a letter of introduction from the Chief of Defence Forces.

This requirement by the judge caused public debate from legal minds with many arguing that since Gen Tumukunde is a retired army officer, it was wrong to subject him to the military rules.

Equally, Gen Tumukunde had in his second bail application argued that it was impossible for him to produce senior officers who are currently serving in army or in government.

Further in his ruling yesterday, the judge said he found Mr Hannington Karuhanga (Tumukunde’s brother) and Mr Matthew Rukikaire (a close family friend), as substantial sureties. In the previous application for bail, the same judge rejected Gen Mugisha Muntu, the leader of Alliance for National Transformation party, and Mr Salaamu-musumba, the FDC’s vice president for Easter region, whom he said were not substantial sureties.

The judge also took into consideration that the current Covid-19 lockdown might not end soon and decided to release Gen Tumukunde.
The judge had earlier ruled that it was prudent to give the prosecution one more month to conclude investigations against Gen Tumukunde before releasing him on bail.

The judge had also reasoned that investigations by the prosecution had been hampered by Covid-19 lockdown hence needed more time.
However, court finally released Gen Tumukunde and ordered him to report back to City Hall Court once every month starting May 20.
The judge also said the same bail terms will apply to the other lesser charges of being in unlawful possession of firearms and ammunition now pending City Hall court.

Charges
Under the charge of treason, prosecution alleges that while appearing on NBS TV during the morning Breeze show on March 5, Gen Tumukunde said: “If I was Rwanda, I would support those who want to cause change in Uganda.”
According to prosecution, the aforementioned utterances were aimed at instigating Rwanda to attack Uganda to cause unlawful change.
Earlier this year, Gen Tumukunde, wrote to the Electoral Commission, seeking its permission to consult Ugandans in furtherance of his presidential bid in which he wants to oust his Luweero bush war comrade, President Museveni in the forthcoming 2021 General Election.