Kitatta convicted, faces up to 10 years in prison

Kampala- At 9am yesterday, former patron of quasi-military Boda Boda 2010 Association Abdallah Kitatta arrived at Makindye based General Court Martial (GCM) where he was convicted for illegal possession of firearms. He now faces up to 10 years in prison upon sentencing, set for today.

Kitatta and his co-accused were brought to the court in a military truck with armed guards.
Dressed in his signature yellow T-shirt, blue jeans and sandals and flanked by his co-accused, among them a police detective, Sowali Ngobi, he was led to the court’s holding cells where he stayed for three hours before the court delivered the judgement.
On the way to the court cells, Kitatta continuously flashed reassuring smiles while waving to relatives who returned comforting gestures.

Outside court, prying Military Police officers, many brandishing AK-47 assault rifles, maintained heavy presence.
Shortly afterwards, Kitatta and group were called in court at exactly midday to hear their fate.
Unlike when he would wave his thumb while walking to the dock, yesterday Kitatta appeared with his prayer beads known as misbaha in Islam.

In the 40-minute judgment, the chairman of the General Court Martial, Lt Gen Andrew Gutti, held that the prosecution evidence from four witnesses had sufficiently proved the charges against Kitatta and his former bodyguard Ngobi.
Gen Gutti ruled that the court addressed its mind to the fact that an accused should only be convicted basing on the strength of the prosecution evidence but not on the weakness in the accused’s defence.

On CCTV footage claim
“This court took note of counsel’s application to bring the CCTV footages which he claimed he had in his possession at an appropriate time during the trial but not as a preliminary objection to halt a criminal trial. When the accused were put on their defence, he never produced the said footages,” Gen Gutti said.

On the issue of ballistic experts, Gen Gutti ruled that the court is composed of highly experienced military officers who have the capability to know whether the guns exhibited before court and ammunition were real or not.
The court convicted Kitatta for unlawful possession of a firearm.

The court also convicted Ngobi on similar charges in connection with illegal possession of a Sub-Machine Gun.

Other charges
However, the court acquitted Kitatta, Ngobi and Ibrahim Ssekajja of the charge of unlawful possession of a pistol based on the evidence of jailed former police special investigations commandant Nixon Agasirwe Karuhanga.

The lead prosecutor, Maj Rapheal Mugisha, asked court to hand Kitatta and Ngobi a maximum sentence to act as a deterrent for others from committing similar offences.

“We pray that court considers the prevalence of these offences of illegal possession of firearms and ammunitions. They should be in the arms of those who are supposed to hold them. Going to the wrong hands has caused harm to the innocent ones,” Maj Mugisha told the court.
However, defence lawyer Shaban Sanywa asked for leniency and a non -custodial sentence to the convicts saying his clients are victims of circumstances because the person who issued them the guns did not give them a certificate of possession. At this moment Kitatta was sweating profusely in the dock.

The court set today for sentencing of Kitatta and Ngobi.

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