Muslim leader still in jail 2 years after acquittal

Former Tabliq sect leader Yunus Kamoga and others at the Court of Appeal in Kampala yesterday. Sheikh Kamoga and five others are appealing the 2017 life imprisonment sentence on terrorism charges. PHOTO BY ABUBAKER LUBOWA

Kampala- The Court of Appeal has ordered prison authorities to produce Tabliq leader Amir Kinene and explain why he is still held, two years after he was acquitted of accusations of terrorism.

Deputy Chief Justice Alfonse Owiny-Dollo, who presided over the court yesterday, ordered the officer-in-charge of Luzira Maximum Security Prison to produce Kinene before court today. He also ordered the Director of Public Prosecutions (DPP) to appear and explain why they are holding a person without a court order.

“The OC Upper Prison should come with Kinene and the DPP to explain why he is held after he was acquitted sometime back. There could be many Ugandans who could be suffering like that in prison,” Justice Dollo said.

The order came after the State Attorney, Mr Stanley Baine, told court that they were unable to proceed with an appeal due to failure to serve Kinene with court documents.

Kinene is one of the 14 people, including former Tabliq Sect leader Mohammed Yunus Kamoga, who were charged with murder and terrorism in 2017. Kinene was later acquitted of the charges by the High Court.

However, during the court session yesterday, the State submitted that he is still in Luzira Prison.
“He (Kinene) is a convict but I do not remember the charges,” said Mr Baine.

Assistant Superintendent of Prisons Ekalam Okiria also admitted that Kinene is in prison but could tell the charges for which he is held.
The Court of Appeal was beginning the hearing of the case in which Shiekh Kamoga is challenging the 2017 conviction and life imprisonment sentence that was handed to him by the International Crimes Division (ICD) Court.

Looking back
In August 2017, Sheikh Kamoga and five others were convicted of the terrorism after court dismissed offences of murder in relation to the killing of sheikhs Mustapha Bahiga, Hassan Kirya and Haruna Jjemba.

Others who appealed the sentence and conviction are Sheikh Siraje Kawooya, Sheikh Murta Mudde Bukenya, Fahad Kalungi, Yusuf Kakande, alias Abudalla, and Abdul Salam Sekayanja. Justice Dollo, Elizabeth Musoke and Barishaki Cheborion are hearing the appeal in which the Muslim clerics fault High Court justices Ezekiel Muhanguzi, Jane Kiggundu and Percy Tuhaise for wrongly charging them with terrorism.

Through Muwema and Company Advocates, the clerics asked the Court of Appeal to quash the conviction and sentence, arguing that all 36 prosecution witnesses were accomplices to the appellants.

Their lawyer, Mr Fred Muwema, argued that the High Court convicted the group because of their verbal utterances, which he said were only statements of Muslim wrangles over which the court had no authority to resolve. According to Mr Muwema, the judges failed to properly evaluate evidence on the record and apply it to the law relating to terrorism.

He said the appellants were convicted for terrorism offences on the basis of the same evidence for which they were acquitted of murder and attempted murder, which he described as illegal and harsh.

The Court of Appeal directed the Muslim clerics and the State to make written submissions which will form the basis for judgment.