Kayiira murder: Scotland Yard releases final report

Dr Andrew Lutakome Kayiira, a former Uganda Freedom Movement /Army (UFM/A) leader had merged his fighting forces with those of the National Resistance Army (NRA) in April 1986, a few months after he was made minister in the first NRM Cabinet in January 1986. He was the minister of Energy. A few months after his ministerial appointment, Dr Kayiira was arrested on October 5, 1986, and jailed in Luzira. About 24 hours later, 24 others were arrested on treason charges.
On February 24, 1987, he was released from Luzira Maximum Prison and chose to stay with his friend Henry Gombya in Lukuli, Konge Makindye Division. On the night of March 6, 1987, about 10pm, Dr Kayiira, his host Gombya, his wife and three other female members of his host’s family were attacked.
Four gunshots were fired and they all hit only Dr Kayiira. A pathology report by Dr C.M. Kakande of Mulago hospital issued on March 7, 1987 indicated that the cause of death was gunshots.
Two bullets shattered both Dr Kayiira’s small and large intestines, arm and liver, while the other two shots went through his chest.
Dr Kakande testified before court presided over by Justice Cosmos Kato in Kampala on May 23, 1988, that the cause of Dr Kayiira’s death was as a result of shock and haemorrhage caused by bullet wounds. The doctor’s testimony gave a scientific cause of Kayiira’s death but not the motive.
However, nearly 32 years later, questions into the former UFM rebel leader’s death remain unanswered. Was it a robbery gone wrong or was it an assassination plot?
Five people were arrested in connection with Dr Kayiira’s murder, but were all acquitted by court.
Within days of his death, the government of Uganda asked Canada and Britain to help with the investigations. But it was the UK that responded.
Only two days after Dr Kayiira’s murder, Gombya and wife left the country for the UK where he lives to date.
Before his departure, Gombya is said to have left a self-written statement of the events surrounding the death of Dr Kayiira. Two CID officers had to travel to the UK to interrogate Gombya and his wife.
Following the attack, Gombya fled his home and is said to have sought refuge at the residence of the Deputy British High Commissioner to Uganda in Kololo. The High Commission denied having taken him in although intelligence reports indicated otherwise, sparking off a diplomatic row between Uganda and the UK.
British High Commissioner to Uganda Derek March in a telegram to the UK’s Foreign and Commonwealth Office, talked of being summoned by the Ugandan Foreign Affairs minister, Mr Ibrahim Mukiibi, to explain circumstances under which British Deputy High Commissioner housed Gombya for the two days, and his being driven to the airport in the High Commission’s car.
On the morning of March 20, Mr Mukiibi summoned Mr March to explain how Gombya was housed on Plot 35 Prince Charles Drive, a property of the British High Commission occupied by Deputy High Commissioner Peter Penfold.
On March 22, Mr March and his deputy Penfold had a meeting with President Museveni, who said he could not say anything public because he had been told that the evidence was substantive.
But in his subsequent communication to the UK’s Foreign and Commonwealth Office, Mr March did not deny Gombya being transported in the High Commission car, but denied that Gombya stayed at Penfold’s home.
He said the intelligence could be wrong because they got the registration of the car which took Gombya to the airport wrong.

Seeking UK, Canada help
When the government asked for help from Britain and Canada, only the UK responded. Subsequently, two special investigating officers; Detective Chief Superintendent Thompson K from the serious crime branch and Detective Sergeant David Sanderson from forensic laboratory were selected to come and help with the investigations.

Offering help
In a March 25, 1987 letter from John Jenkins of the East Africa Department to Detective Sergeant David Sanderson, he said he would be part of a two-man team “to provide assistance and training to the Ugandan Police Force in their investigation of the Kayiira murder.”
But the two officers were warned of political interference and what to do in case they noticed any political influence in their investigations.
The duo was also instructed to report directly and immediately to the British High Commissioner in case of any political interference or other political obstructions.
The team arrived in Uganda on the evening of March 27 and were allocated an office next to the Inspector General of Police’s (IGP) office. In the course of their investigations, they visited the scene of crime, talked to residents in the neighbourhood, the RC1 (LC1), and police officers investigating the case among others.
On April 24, the two Britons left Uganda almost a month after arrival. The Star newspaper of April 28, 1987, reported the IGP, Mr Luke Ofungi, praising their expertise saying: “These are the type of fellows who can take a simple hair as a clue to evidence.”
Nearly 32 years later, the report has been declassified.

Suspects arrest, acquittal
On April 9, 1987, five suspects: ex-UFM soldiers Katende Mulinga, 20, Sylvester Wada, 26, Peter Kiwanuka, alias Backfire, alias Kayondo, 26, Robert Magezi, alias Babu, Brian Musisi Kizito alias Kasirye, 26 and Bakuli businessman John Katabazi, 28, appeared before Buganda Road Court Chief Magistrate Constance Byamugisha.
They were charged with the murder of Dr Kayiira, aggravated robbery of Shs20 million, camera, video deck, tape recorder, radio cassette, and, all of them property of Gombya. With both charges being capital offences, the suspects were committed to the High Court.
But the High Court presided over by Justice Cosmos Kato on August 29, 1989, acquitted John Katabazi, Sylvester Wadda, Peter Kiwanuka, aka Backfire, and others who were accused of murdering Dr Kayiira and robbing Gombya’s Shs20 million and other property due to lack of incriminating evidence.
But immediately upon acquittal, they were re-arrested by the army and whisked away.

Museveni, Kayiira and Gombya friendship

The triangle. The mix of gunmen and a journalist does not augur well. This was the friendship triangle in the early 1980s that linked former BBC stringer in Kampala Henry Gombya, Dr Andrew Lutakome Kayiira (RIP) and President Museveni.

Both Mr Museveni and Dr Kayiira owed their liaison to the political chaos that followed the 1980 General Election. Both formed separate rebel groups with Mr Museveni founding the National Resistance Movement/Army (NRM/A) and Dr Kayiira the Uganda Freedom Movement/ Army (UFM/A).

But Gombya’s ties with Dr Kayiira started in 1985 when Dr Kayiira joined Gen Tito Okello Lutwa’s government. Dr Kayiira’s group; the UFM, was given a seat on the Military Council. But the Okello Lutwa regime soon fell to Mr Museveni rebels in 1986 and Dr Kayiira found himself in the new government, and his friendship with Mr Gombya continued. Even when he became a minister in the NRM government in 1986, Dr Kayiira did not lose ties with Gombya. It was no surprise that when Dr Kayiira was released from prison, he sought sanctuary at Gombya’s home.

Unknown to Dr Kayiira was that upon his release, his friend Gombya had questioned the authorities why he, Dr Kayiira, had been set free and even asked for his re-arrest. On the night of the attack, Gombya is said to have separated Shs40 million that was in the house so that the whole sum is not stolen and he escapes with some.

By the time of the attack, Gombya had barely stayed in the house for a month having moved there just two days before Dr Kayiira’s release from prison. He had paid rent for a year. Before moving to Konge, Gombya had stayed in a hotel in Entebbe for some time.

Having been arrested on treason charges, Dr Kayiira’s release was a surprise to some people, mostly because not all those arrested with him on the same charges of treason were released with him. Under the circumstances, his death exactly 10 days after his release raised many questions with few or no answers, with many pointing accusing finger at the government, branding the killing of Dr Kayiira as politically motivated.

To clear its name, the government through President Museveni sent telegrams to UK and Canada, asking for help with investigations, to which UK responded.

Arrests

Suspects. On April 9, 1987, five suspects: ex-UFM soldiers Katende Mulinga, 20, Sylvester Wada, 26, Peter Kiwanuka, alias Backfire, alias Kayondo, 26, Robert Magezi, alias Babu, Brian Musisi Kizito alias Kasirye, 26, and Bakuli businessman John Katabazi, 28, appeared before Buganda Road Court Chief Magistrate Constance Byamugisha.