Court blocks trial of former LRA rebel

Sep 23, 2011

THE Constitutional Court has ordered that the trial of former Joseph Kony’s LRA commander, Thomas Kwoyelo, be halted and that he be granted amnesty.

By Hilary Nsambu

THE Constitutional Court has ordered that the trial of former Joseph Kony’s LRA commander, Thomas Kwoyelo, be halted and that he be granted amnesty.

“We are satisfied that the applicant has made a case showing that the Amnesty Commission and the Director of Public Prosecutions (DPP) have not accorded him equal treatment under the Amnesty Act.

We order that the file be returned to the court, which sent it with a direction that it must cease the trial of the applicant forthwith,” the court ruled yesterday in Kampala.

Justice Amos Twinomujuni headed the panel. The other members were justices Constance Byamugisha, Augustine Sebutuulo-Nshimye, Stella Arach-Amoko and Remmy Kasule. The ruling was read by Alex Ajiji, the assistant Registrar of the Court of Appeal.

Kwoyelo, a short stout former fighter, dressed in a long sleeved light-green shirt and Kakhi trousers, looked composed as he sat on a stool in the dock as his fate was being delivered.

His lawyer Caleb Alaka yesterday explained that: “Ordinarily, Kwoyelo is supposed to be a free man now.

But the court order is that the file be taken back to the war crimes court in Gulu, which will then pronounce the discontinuation of the trial as ordered by the Constitutional Court.”

The court noted during the hearing that Kwoyelo applied for amnesty in 2010 and in that year 274 people were granted amnesty, which was apparently sanctioned by the DPP.

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