Ruling on Kakwenza passport deferred 

Buganda Road Court yesterday deferred to February 7 the ruling in which satirical writer Kakwenza Rukirabashaija seeks for return of his passport to travel abroad for proper treatment following torture while in detention.

The Chief Magistrate, Dr Douglas Singiza, said he needs time to scrutinise the allegations made by his lawyers in their submissions.

“The submissions are not light, I need at least some extra time to look through them,” Dr Singiza said.

Mr Kakweza is accused of using social media and making abusive, derogatory and belittling tweets against the First Son, Gen Muhoozi Kainerugaba, and President Museveni.

On Tuesday, Mr Kakwenza through his attorneys led by M/S Kiiza and Mugisha Advocates filed written submissions as directed by court, asking it to return their client’s passport.

According to the submissions, Mr Kakwenza also wants his passport so as to travel to Germany for an official receipt of honours.

The attorneys in their submission want the charge sheet quashed, arguing that it lacks focus and precision.

 “The accused should know from the charge sheet the particulars what words offended President Museveni and Gen Kainerugaba…,” the defence written submissions read in part.

 “The accused’s freedom from torture or cruel, inhuman degrading treatment or punishment was violated by the beating that resulted in wounds, broken legs and scars. His freedom from mental torture was violated by incommunicado detention,” the defence submissions read.

Arguments

The novelist’s lawyers also, in accordance with Section 7(1) of the Human Rights Act, 2019, want court to stay the proceedings before it, pending determination by the High Court on the validity of the charges.

They state that in the alternative, court be pleased to nullify the proceedings and discharge the accused on the grounds that his rights and freedoms have been infringed upon.

The defence attorneys complemented their submissions with a medical report from Kitalya Mini Maximum Prison where their client was on January 11 remanded, which shows the healing scars of torture on his back, the buttocks, thighs and hands.

Other documents submitted to court were a report from St Francis Hospital Nsambya that shows the blood clot under his nails, the nail of his right index finger is partially out of the nail bed, multiple lacerations and healing bruises on his back buttocks thighs and right forearm, stress structure left distal tibial shaft and periostitis left fibula.