KAMPALA. The High Court in Kampala has set October 4 to hear murder suspect Mr Mathew Kanyamunyu's new bail application.
Kanyamunyu is jointly accused with his girlfriend Ms Cynthia Munwangari and elder brother Joseph Kanyamunyu of murdering children rights activist Kenneth Akena last November at Lugogo in Nakawa Division, Kampala.
This will be Kanyamunyu's fourth bail application after three attempts. His first attempt was in January when he applied for bail together with his girlfriend Ms Cynthia and elder brother Joseph. They argued that getting released on bail would allow them adequate time to prepare their defence against the murder charge.
However the trial judge Elizabeth Kabanda rejected their application.
Their second attempt for bail came up before Justice Yasiin Nyanzi who also declined to grant Mathew Kanyamunyu bail, but released his girlfriend Cynthia and elder brother Joseph.
On August 23, Justice Nyanzi dismissed Kanyamunyu's third bail application on grounds that he had made his application before the same judge who had declined to release him previously on similar grounds. He said Kanyamunyu could apply for bail as many times as he wanted but before different judges.
“Like I mentioned during the hearing and as the law so indicates, Mr Kanyamunyu is free to apply for bail as many times as he wants but that cannot be done before the same judge under the same circumstances. Naturally for the justice system to be fair for Mr Kanyamunyu the judge has to change if the circumstances are still the same,” justice Nyanzi ruled.
Like in his three previous attempts, Kanyamunyu has cited his constitutional right to bail and the presumption of innocence until proven guilty as major grounds to support his new bail application.
A new judge Wilson Kwesiga will hear the bail application.
Kanyamunyu's bail application now remains at the mercy of the remaining two judges Wilson Kwesiga and Anglin Ssenoga who can hear his matter.
Prosecution states that Kanyamunyu and his two co-accused on November 12 while on Kampala-Jinja Road near Malik Car Bond opposite Uganda Manufacturers Association offices in Lugogo, with malice aforethought caused Akena’s death.