Kaka son set to face full trial as plea bargain fails

Mr Brian Bagyenda (in a yellow tie), who is accused accused of killing his girlfriend, with his co-accused at High court in Kampala yesterday. PHOTO BY ABUBAKER LUBOWA

Kampala- Brian Bagyenda, a man accused of killing his girlfriend, yesterday failed to reach an agreement with the state in the murder case in which he had applied for plea bargain in the High Court.

The 29-year-old Bagyenda, son to Internal Security Organisation director, Col Frank Bagyenda Kaka, had confessed to the murder of his girlfriend Enid Twijukye, 22, last year.

Plea bargain is a justice system where an accused admits the alleged offence and in return is handed a lenient sentence on conviction.

The trial judge Anthony Ojok Ayu ruled that as court he had nothing to do after the plea bargain process.
“I have so many cases to handle yet I have only one week to conclude this session. I cannot be the same judge handling this case, I will be biased,” Justice Ayu ruled.

“In the interest of justice, I will tell the head of this Civil Division to have the matter allocated to another judge,” he added.

Collapse of plea bargain
The collapse of the plea bargain means Bagyenda will undergo full trial and the case will be determined on its merits.

Bagyenda, a pharmacist, appeared together with his two co-accused Innocent Bainomugisha (24), a cleaner and Vincent Rwahwire (28), a casual labourer.
Bagyenda’s lawyer, Mr Nsubuga Mubiru told court that they had failed to reach an agreement with the prosecution.

“It is just yesterday that we got this file containing various statements of about 150 pages and probably other documents. We shall be in position to start trial today once I photocopy and study this file,” Mr Mubiru submitted.

In response to the defence lawyer’s submissions, the state prosecutor, Mr Joseph Kyomuhendo, said he was ready for the hearing with five witnesses.

The prosecution states that on January 4, 2017 at Njobe Road in Nakawa Division, Kampala District, Bagyenda with his two accomplices murdered his girlfriend Twijukye.