IN THE HIGH COURT OF UGANDA AT KAMPALA
COURT CASE NO: 955/2004
DPP CASE NO: BUG-CO-2694-2004
POLICE CASE NO: CID HQS E/43/2004
The Court is informed by the Director of Public Prosecutions that COL.(RTD) DR. KIIZA BESIGYE, CAPTAIN KATABAZI JAMES alias LONDE alias KATA alias KEKIBIRA, MWEBEMBEZA GODFREY NSIMIRE, ATKUNDA FRANK alias AMANYA, JURUA JACKSON MCPEACE, BAIGA ABUBAKAR, ABUKO ACHIKULO AMIYE, KABAKA JAMES TABUGA, UMARU KISSA, KACWANO ABEL, YAHAYA AMIR AEGA, IDD AHMED YUNUS, TUMWESIGYE GEORGE alias OWAKUKIRORU, TWEYAMBE ROBERT, alias BAGUMA DARIOUS, ATWONGYEIRE PETER, MAZIM YUSUFU ODUGO, ARIKE JOHN, YASIN KESIA GELE,OBBA ZACHARIA MUSA, OKIRING PATRICK alias GRACE EFFORTE, BRUHAN DRIATRE IWAGO, JOHN OMARI MARCO, AGUPIO SAMSON, MUSASIZI, JOSEPH KIFEFE, and others still at large are charged with the following offences:-
STATEMENT OF OFFENCE
COUNT 1: TREASON, contrary to section 23(1) (c) of the Penal Code Act.
PARTICULARS OF OFFENCE
COL. (RTD) DR. KIIZA BESIGYE and others still at large between 2001 and 2004 in various places in Kampala, Rwanda and the Democratic Republic of Congo (DRC) contrived a plot to overturn the government of Uganda as by law established by force of arms and declared such act by utterance or overt act to wit:
PARTICULARS OF OVERT ACTS
(i) He held meetings and declared that he was taking up arms to fight the Government because the elections were rigged.
(ii) He established contacts with the LRA so as to jointly overthrow the Government by force of arms.
(iii) He recruited people into PRA
(iv) As leader of the PRA he co-ordinated recruitment, funding and supply of weapons to the rebels undergoing training in Rwanda, the Democratic Republic of Congo and Uganda.
COUNT II: COL.(RTD) DR.KIIZA BESIGYE, CAPTAIN KATABAZI JAMES alias LONDE alias KATA alias KEKIBIRA, MWEBBEMBEZI GODFREY NSIMIRE, ATUKUNDA FRANK alias AMANYA, JURUA JACKSON MCPEACE, BAIGA ABUBAKAR, ABUKO ACHIKULO, AMIYE, KABAKA JAMES TABUGA, UMARU KISSA, KACWANO ABEL, YAHAYA AMIR ASEGA, IDD AHMED. YUNUSU TUMWESIGYE GEORGE alias OWAKUKIRORU, TWEYAMBE ROBERT alias BAGUMA DARIOUS , ATWONGYEIRE PETER, MAZIM YUSUFU ODUGU, ARIKE JOHN, YASIN KESIA GELE, OBBA ZACHATIA MUSA, OKIRING PATRICK alias GRACE EEFORTE, BRUHAN DRIATRE IWAGO, AGUPIO SAMSON. MUSASIZI JOSEPH KIFEFE and others still at large between 2001 and December, 2004 in various places in the Republic of Congo (DRC) and in Districts of Yumbe, Nebbi, Arua, Kampala, Rukungiri and other places in Uganda contrived a plot to overthrow the Government of Uganda as by law established, by Force of arms and expressed the plot by overt acts to wit:
PARTICULARS OF OVERT ACTS
(i) In 2002 A2 Lt.Katabazi met the PRA leaders Col.Mande and Kyakabale in Kigali and plotted ways of mobilizing arms and recruiting people to fight and overthrow the Government of Uganda as by law established.
(ii) A2 Capt. Katabazi, A6 Baiga Abubakar; Ali Yahaya Amir Asega, A16 Mazim Yusuf Odugo and A9 Umaru Kissa purchased guns for the rebellion from Sudan and Congo.
(iii) A7 Abuko Achikulo Amiye and A16 Mazim Yusufu Odongo kept the purchased guns for the rebellion in their homesteads and other areas neighbouring their homes.
(iv) A8 Kabaka James Tabuga and A10 Kacwano Abel assisted A2 Capt.Katabazi to ferry the purchased arms.
(v) A23 Musasizi Joseph received funds from the rebel leaders in Rwanda and Congo and sent it to A2 and others for recruiting people into the rebel group and for the purchase of arms.
(vi) A5 Jurua Jackson McPeace and A6 Baiga Abubakar collected money from A23 Musasizi Joseph and delivered it to A2 Capt. Katabazi in Koboko Arua District to purchase arms and co-ordinate the rebellion.
(vii) A14 Tweyambe ROBERT and A20 Okiring Patrick traveled to Rwanda 2003 and 2004 and met Lt. Col.Kyakabale and Col. And Col.Samson Mandee the rebel leaders to plan for the overthrow of the Government of Uganda as by law established.
(viii) A14 Tweyambe Robert, A4 Atukunda Frank, A20 Okiring Patrick recruited various people from the Northern Region into the PRA group.
(ix) A23 Musasizi Joseph, A13 Tumwesigye George, A14 Tweyambe Robert and A15 Atwongyeire Peter received money from the rebel leaders in Rwanda and Congo and sent it to Koboko Arua District where the recruitment and mobilization of arms was taking place.
(x) A18 Yasin Kezia Gele, A19 Obba Zacharia Musa, A12 Bruhan Driatre Lwago and A22 Agupio Samson kept some of the arms that were purchased by A2â€™s group
STATEMENT OF OFFENCE
ALT COUNT: CONCEALMENT OF TREASON Contrary to Section 25 of the Penal Code Act:
PARTICULARS OF OFFENCE
COL.(RTD)DR.KIZZA BESIGYE, CAPTAIN KATABAZI JAMES alias LONDE alias KATA alias KEKIBIRA, MWEBEMBEZI GODFREY NSIMIRE, ATUKUNDA FRANK alias AMANYA, JURUA JACKSON MCPEACE, BAIGA ABUBAKR, ABUKO ACHIKULO AMIYE, KABAKA JAMES TABUGA, UMARU KISSA,YUNUS, TUMWESIGYE GEORGE alias OWAKURIRORU, TWEYAMBE ROBERT alias BAGUMA DARIOUS, ATWONGYEIRE PETER,MAZIM YUSUFU ODUGO, ARIKE JOHN, YASIN KESIA GELE, OBBA ZACHARIA MUSA, OKIRING PATRICK alias SAMSON, MUSASIZI JOSEPH KIFEFE and others still at large between 2001, and December 2004 in the Districts of Yumbe. Nebbi, Arua, Kampala, Rukungiri and other places in Uganda knowing a plot to overthrow the government of Uganda by force of arms did not give information to the Minister of Justice, Attorney General, and Administrative Office, A Magistrate or Police Officer in-charge of a Police Station.
Principal State Attorney
FOR: DIRECTOR OF PUBLIC PROCECUTIONS.
1. Col. (Rtd) Dr. Kiiza Besigye
2. Captain Katabaazi James alias Londe alias Kata alias Kekibira
3. Mwebembezi Godfrey Nsimbe
4Atukunda Frank alias Amanya
5. Jurua Jackson Mcpeace
6. Baiga Abubakar
7. Abuko Achikulo Amiye
8. Kabaka James Tabuga
). Umaru Kissa
11 .Yahaya Amir Asega
12. ldd Ahmed Yunus
I 3.Tumwesigye George alias Owakukiroru
I 4.Tweyambe Robert alias Baguma Darius
I6. Mazim Yusufu Odugo
18. Yasin Kesia Gele
19. Obba Zacharia Musa
20.Okiring Patrick alias Grace Efforte
21. Bruhan Driatre Iwago
â€¢ 22.Agupio Samson
23 .Musasizi Joseph Kifefe
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATEâ€™S COURT AT BUGANDA ROAD
COURT CASE NOâ€¦â€¦955â€¦â€¦â€¦â€¦ OFâ€¦â€¦â€¦â€¦2004â€¦â€¦â€¦â€¦â€¦â€¦
Al: COL(RTD) DR. KIIZA BESIGYE
A2: CAPTAIN KATABAAZI JAMES alias LONDE
alias KATA alias KEKIBIRA
A3: MWEBEMBEZI GODFREY NSIMBE
A4: ATUKUNDA FRANK alias AMANYA
A5: JURUA JACKSON MCPEACE
A9: UMARU KISSA
Al0: KACWANO ABELI
All: YAHAYA AMIR ASEGA
Al2: IDD AHAMED YUNUS
A13: TUMWESIGYE GEORGE alias OWAKUKIRORU
A14: TWEYAMBE ROBERT alias BAGUMA DARIUS
A15: ATWONGYEIRWE PETER
A16: MAZIM YUSUFU ODUGO
A17: ARIKE JOHN
A18: YASIN KESIA GELE
A20: OKIRING PATRICK alias GRACE EFFORTE
A21: BRUHAN DRIATRE IWAGO
A22: AGUPIO SAMSON
A23: MUSASIZI JOSEPH KIFEFE
SUMMARY OF CASE
The Prosecution will adduce evidence at the trial to show that:
1. Immediately after the results of the 2001 Presidential Elections, Rtd Cot Dr. Kiiza Besigye chaired a meeting at the Reform Agenda offices at Crest House, attended by MAJOR SALAMBWA and others. He pointed out that the elections were rigged and that he was planning to launch an armed struggle.
MAJOR SALAMBWA was assigned the Central Region While another person hailing from Northern Uganda, hereinafter referred to as the emissary, was specifically tasked to establish contacts with the LRA rebels.
2. Shortly after, COL. KIIZA BESIGYE held a second meeting at his residence at Luzira, attended by MAJOR SALAMBWA, MIGADDE and the emissary. He instructed the group to immediately link up with LRA Commanders and appointed the emissary to lead the delegation.
After two days they traveled to GULU in a mark II vehicle driven by a one PATRICK MANENERO and drove up to PABBO Internally Displaced Personsâ€™ Camp, where they contacted an LRA coordinator.
The emissary was led into the bush to meet Commander KWOYELO at Oliang village. The emissary relayed Dr. Kiiza Besigye message to KWOYELO, to the effect that he, Dr. BESIGYE, desired to link up with the LRA so as to jointly fight the Government of President Museveni.
KWOYELO responded that he would first consult KONY the LRA leader. The emissary was advised to leave their contact number.
After one week, the emissary was contacted on phone to return to tie North immediately. The said person first proceeded to Dr. Besigyeâ€™s home at Luzira in the Company of MAJOR SALAMBWA and another person. DR. BESIGYE met the emissary and SALAMBWA. He told them to convey his gratitude to his brothers in the bush. He also instructed them to convey another message: that they (he and the LRA rebels) Should look at each other as brothers and should forget the past, so as to forge a new chapter to fight the same cause of removing MUSEVENI from power by force o arms. Dr. Besigye also told the emissary to ask the LRA to release 300 guns to enable him arm the Peoples Redemption Army(PRA).
The emissary traveled back to Gulu in the Company of MAJOR SALAMBWA. Both met KWOYELO and relayed the messages.
Another contact meeting with the LRA commanders took place after two weeks at OKIDI. Several LRA commanders were in attendance including ONENKAMDULU, OKELLO-ABORO, OKENY DOMINIC ONGWEN and others. The Dr. Besigyeâ€™s team were availed a grenade and landmine to carry to him to demonstrate the LRA willingness to work with him.
3. On another day, after the Reform Agenda offices wore shifted to Bukoto, Dr. Besigye met two LRA co-ordinators who had traveled from Gulu, at the said venue. The meeting was attended by MAJOR SALAMBWA, JAMES OPOKA and many others. Dr. Besigye explained why he had resorted to taking up arms against the Government; that he had been cheated in the elections and the judges had been compromised. H e further explained that lie would start the armed struggle outside the country and link up with the LRA. He also expressed that the mobilized youth should he moved to Rwanda for military training.
After the meeting Dr. Besigye and others posed for a group photograph with the LRA coordinators to prove to the LRA commanders that the meeting was held.
4. In May 2001 Dr. Besigye chaired another meeting at his Luzira residence where he emphasized the need to wage war on Museveniâ€™s Government. He urged the youth to sacrifice amid liberate Uganda. He disclosed that he had contacts with RWANDA and SUDAN to assist in training and arming them to fight MUSEVENIâ€™s Government. The meeting was attended by HON OKUMU RFAGAN, JAMES OPOKA and others. In Aug ;t 2001 3OR1C of the participants were taken to a training camp in Rwanda.
5. In 20022 JAMES OPOKA led another delegation from Dr. Besigye and met with LRA commanders including YADIN NYEKO(now deceased). Later the delegation met KONY himself at OKIDI where he (OPOKA) presented Dr. BESIGYEâ€™s operation plan. OPOKA also handed over communication equipment including a Global Positioning System (GPS). He thereafter left for Sudan in the company of KONY and others.
6. In December 2001 some rebel recruits crossed into Rwanda through Kabalo. They were being co-ordinated by MZEE MANENERO and his two sons. They were taken 10 KIYOVU, a residential area some few kilometers from KIGALI. They linked up with LT. COL. MANDE who was in charge. Others were DEUS BAINOMUGISHA, ZEDRIGA, LT. JOSEPH OKALEBO, CAPT. BARNABAS MUGIRA BABU and others. The group studied the objectives and code of conduct of the PRA, whose main goal was to overthrow the Government of Uganda by force of arms. Dr. Besigye was declared the leader of the organization.
In February 2002 some o the KIYOVU group were transferred to another place called KAKYIRU where they linked up with other rebels including ALEX MAGEZI who was working with BAT at Kabale, OJUR PETER and others.
In May 2002 the group was transferred from KAKYIRI to KABUGA, some seventeen kilometres from Kigali. They joined a larger group headed by LT. COL.KYAKABALE. Others were CAPT. EMMANUEL MUTYABA, LT. STEPHEN ASIIMWE. LL JOHNSON. BABIHUGA. SGT. MATTE, MWESIGYE SlMON, SGT. AMZA MATEGE, LT. EPHRAM. COSMAS KOMAKECH, MUMBERE and many others. In June 2002 they were joined by two Ugandan doctors, who were working in a hospital in Kigali. The group was involved in training for two months. Other recruits were housed at Kigali Ngali, Nyarutarama and Kyamihurura.
August 2002 Lt. Col. MANDE started deploying the recruits. One group comprising of ZEDRIGA, SGT. MATTE an others were tasked to carry out recruitments and set up training camps in West Nile. Another group was deployed in Eastern Uganda.
In February 2003 some f the KABUGA group was taken to Kanombe Airport, Kigali where they were joined by COL.MUZOORA, BAINOMUG SHA and TWINAMATSIKO. They were flown to MUNGWALO in the Democratic Republic of Congo (DRC). They established a training camp at Rena near Aboro Hills. COL. MUZOORA was the overall commander. Two detaches were set up at KPANDROMA airfield under the command of Lt. KYALISIIMA MATSIKO and another one at PAGUTA.
An aircraft delivered a consignment of weapons at MONGWALO which were offloaded and transported to the training camp at Aboro Hills. Later DR. BESIGYE made phone contact with the group inquiring about the situation in the camp and whether the weapons had arrived. The weapons included 300 400 A K7 rifles, anti-tank and anti-personnel mines, boxes of ammunitions, Bl0 pipes and shells etc. The Aboro camp had about 70 recruits undergoing training
Later the group was attacked by Lendu militias. A number w e killed, others including COL. MUZOORA managed to escape, while others were arrested and handed over to the UPDF
7. In the same year 2001, A2 Capt. Katabazi who was a strong supporter of Al Presidential aspirant Rtd.CoI Kizza Besigye, went to Col. Mande in Kigali Rwanda and was assigned the task of recruiting Ugandans preferably veteran soldiers into the PA. He was also given the task of mobilizing arms for use in rebellion.
In the year 2002 CAPT. KATABAAZI who had been meeting the rebel leaders in Rwanda was driven from the Uganda - Rwanda border by A13 Tumwesigye George who took him to his house in Rukungiri District. In Rukungiri, A2 learnt from A13 that he would be based in the Northern Region where the PRA group already had supporters. A13 drove Al to Koboko Arua District where he started mobilizing for arms and recruits.
Al with the assistance of A6 Baiga Abubakar, All Yahaya Amir Asega, A16 Mazim Yusufu Odugo, and A9 Umaru Kissa succeeded in purchasing a number of arms from Sudan. Some o the people contacted but not convinced to assist in the purchase o arms arid the recruitment, reported the activities of those involved to the security personnel in Koboko Arua District.
Police from Arua Police Station, together with other security agencies conducted a joint operation n Koboko town, leading to the recovery of 93 Sub machine guns, 4 rocket propelled guns, 2 rocket propelled shells, 3 hand Grenades, 24 anti personnel landmines, 23 anti personnel fuses plus 212 Loose SM ammunitions. The said weapons and other exhibits will be produced at the trial.
The said arms wore recovered hidden under ground in the 1iorno of A7 Abuko Achikulo Amiye and A16 Mazim Yusufu Odugo.
Investigations revealed theâ€™ A8 Kabaka James Tabuga used to assist A2 Cpt. Katabazi in collecting and ferrying the purchased arm to A6 and A16â€™s home for hiding.
The money for the purchasing of the arms was always sent to A2 Katabazi from Kampala by A23 Musasizi Joseph through A5 Jurua Jackson McPeace and A6 Baiga Abubakar.
On the side of recruitment the same was mainly handled by Tweyambe Robert Baguma who was entrusted by the PRA commanders, Lt. Col. Kyakabale and Col. Samson Mande in Rwanda, to mobilize energetic youth for recruitment into the rebel group. He was in addition to the above supposed to identify trust worthy UPDF officers who could work with PRA.
A20, Okiring Patrick, also met the said commanders in Rwanda and he was assigned the duty of recruiting people into the group as well as exploring the possibility of absorbing UNRF and other rebel groups into the PRA.
The funds for the rebel activities were channeled to Koboko the rebelâ€™s base from Rwanda through A3 Mwebembezi Godfrey Nsimbe, A23 MUSASIZI JOSEPH, and A13 Tumwesigye George A14 Tweyambe Robert and Al 5 Atwogyeirwe Peter.
8. In December 2004 DR. KIIZA BESIGYE made phone contact with one of his contact persons in Uganda, one BASHAIJA, instructing him secure identification papers for three visitors and then deliver the visitors to other contacts
On 24.12.04 three PRA rebels who were part of another group housed at Kabuga, were instructed by COL. MUZOORA to return to Uganda and survey suitable forest areas for the establishment of rebel camps. They were given US$1500 and two satellite phones. They were assisted across the border and handed over to an old man. The old man gave them graduated tax tickets. They were joined by BASHAIJA. Later the group set camp in Imaramagambo forest in South-Western Uganda. In March 2005 there was a problem in the camp and Dr. Besigye was briefed by BASHAIJA on phone on what had transpired. The recorded phone conversations will be produced at the trial.
9. Prosecutions hail adduce evidence to show t hat a II the accused persons were constantly communicating among themselves and the other rebels living in Rwanda and Congo.
The Prosecution shall seek to rely on the charge and caution statements of the various accused persons during trial.
The Prosecution shall thus pray that all the accused persons I convicted as charged.
Principal State Attorney
FOR DIRECTOR OF PUBLIC PROSECUTIONS
IN THE HIGH COURT OF UGANDA AT KAMPALA
COURT CASE NO: 794/05
DPP CASE NO: HQS-CO-252-2004
POLICE CASE NO: E/34/2003
The Court is informed by the Director of Public Prosecution that Rtd Col.Dr.Kiiza Besigye is charged with the following offences:-
STATEMENT OF OFFENCE
RAPE contrary to Section 123 and 124 of the Penal Code Act.
PARTICULARS OF OFFENCE
Rtd Col. Dr.Kiiza Besigye during the month of November 1997 at Luzira in the Kampala District had unlawful carnal knowledge of Joanita Kyakuwa without her consent.
Resident Senior State Attorney
For: DIRECTOR OF PUBLIC PROSECUTIONS
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT AT BUGANDA ROAD
COURT CASE NO â€¦â€¦â€¦â€¦â€¦â€¦794â€¦â€¦â€¦.OF â€¦â€¦â€¦2005â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..
RTD COL. DR. KIIZA BESIGYE â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..ACCUSED
The Prosecution will produce evidence at the trial to show that:
1. The victim KYAKUWA JOANITA lived with her aunt SAUDA KIBIRIGE in Mbarara. After her â€˜Aâ€™ level examination the said Aunt informed her she would be staying at the home of her close friend WINNIE BYANYIMA and her husband DR. KIIZA BESIGYE. She went to their home in Luzira in May 1997. She was 20 years of age by then.
2. At the said home she found an elderly housemaid called AISHA and two children SANDRA and AMPA who were in boarding schools.
3. When her Aâ€™ level results came out, she had not done well to qualify for Government University sponsorship. Dr. Besigye, the accused, advised her to apply for private sponsorship and he offered to pay for her education. She was offered a Bachelor of Arts course and put in a Studentâ€™s hostel. Accused used to pick her on weekends and take her to their home in Luzira. WINNIE BYANYIMA was always busy arid away from home most of the lime
4. One Saturday evening in October/November 1997, at about 8 p.m, she was at the said home watching TV in the study room alone. The housemaid was in the kitchen. They were only two people in the house at the time.
5. The accused returned home and sat besides her trying to watch TV as well. The victim was dressed in a pair of shorts and small blouse. The accused suddenly started caressing her thighs as he fondled and tried to kiss her. She protested and told him to stop. Accused was persistent. He forcefully carried her to the next room, a visitorâ€™s room. He peeled off her pair of shorts and knickers as she cried out. He forcefully had sexual intercourse without using a condom. After lie had finished lie went to the bathroom. She was crying and bleeding from her private parts and in pain. Later she narrated her ordeal to the housemaid who counselled her that sexual intercourse was painful the first time.
6. When she told the accused how she felt, he gave her a tube and instructed her how to apply it. He also gave her some tablets. She was scared arid feared to report to any authority owing to the fact the accused was paying for her education.
7. Around February 1998 she realised she was pregnant arid informed the accused. In March 1998 he took her to a Clinic at Kamwokya where an abortion was carried out. Thereafter she was taken to his Army residence in Bombo Barracks whore she was being nursed by another housemaid. She returned to school after her recuperation
8. Thereafter she went for an HIV test and the results revealed she was positive. She complained to the accused that he had infected her. Accused responded that there is medicine for
9. The victim became worried, scared and suffered depression. She couldnâ€™t concentrate on her studies and even failed to sit for her second year (1999/2000) examinations. She had started visiting a Physciatrist from 1998. She was undergoing counselling and treatment for anxiety and depression upto 2001.
WHEREUPON the Prosecution will pray the accused person be convicted as charged.
Dated thisâ€¦â€¦â€¦15thâ€¦â€¦â€¦â€¦. day of November............. 2005
RESIDENT SENIOR STATE ATTORNEY
FOR: DIRECTOR OF PUBLIC PROSECUTIONS
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