Kakwenza granted bail, barred from discussing case in media 

Kakwenza Rukirabashaija

What you need to know:

  • Rukirabashaija has also been asked to deposit his passport and national identification card with Court for a period of six months. He is expected to return to court on February 1, 2022.
  • The magistrate, however, cautioned Rukirabashaija against discussing the matter in the media as this would lead to automatic cancelation of the bail.

Novelist  Kakwenza Rukirabashaija has been released on bail after spending about a month in detention.

Rukirabashaija who is charged with offensive communication was on Tuesday released after paying Shs500,000 cash for his bail. 

"Given the circumstances of the case, the accused is here by granted cash bail Shs500,000 and his sureties are bonded at Shs10m not cash," Buganda Road Court Chief Magistrate, Mr Douglas Singiza held.

Rukirabashaija's sureties are; lawyer Julius Galisonga, National Unity Platform (NUP) secretary general, Mr David Lewis Rubongoya, Job Kaija and Anna Ashaba.

Rukirabashaija has also been asked to deposit his passport and national identification card with Court for a period of six months. He is expected to return to court on February 1, 2022.

The magistrate, however, cautioned Rukirabashaija against discussing the matter in the media as this would lead to automatic cancelation of the bail.

 The author was picked up from his Kisaasi home, a Kampala suburb, on December 28, 2021, by non-uniformed men purported to be security personnel.

On that day, the author wrote on his Facebook page: "Men with guns are breaking my door. They say they're policemen but are not in uniform."

Secretly charged

Rukirabashaija was on January 11, 2022 secretly produced before Buganda Road Chief Magistrates’ Court and charged with two counts of offensive communication contrary to the Computer Misuse Act.

Prosecution contends that in December last year, Kakwenza willfully and repeatedly used his Twitter account to disturb the peace of President Museveni and that of the First son, who also doubles as the commander of Land Forces.

Repeated arrests 

The author won acclaim for his 2020 satirical novel, "The Greedy Barbarian", which describes high-level corruption in a fictional country.

He was awarded the 2021 PEN Pinter Prize for an International Writer of Courage, which is presented annually to a writer who has been persecuted for speaking out about their beliefs.

Rukirabashaija has been repeatedly arrested since "The Greedy Barbarian" was published. He has said he was tortured while being interrogated by military intelligence about his work.

At the time, he was accused of breaching Covid-19 social distancing rules, inciting violence and promoting sectarianism.

He described his time in detention as "inhumane and degrading" in his most recent book "Banana Republic: Where Writing is Treasonous".

Law

According to Section 25 of the Computer Misuse Act 2011 on offensive communication: “Any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues, commits a misdemeanor and is liable on conviction to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year or both.” A currency point is equivalent to Shs20,000.