City lawyer seeks orders to block Gen. Kayihura's prosecution

A city lawyer has petitioned the Constitutional Court seeking orders halting the prosecution of the Inspector General of Police Gen. Kale Kayihura and other senior police officers who were summoned to appear before the Makindye Chief Magistrate court on August 10, 2016.

Robert Rutaro of Messes' Candia & D.W. Oundo Advocates says  the trial of Gen. Kayihura together with other police officers contravened the 1995 Constitution in as far as they were not given a right to a fair hearing and that Court should render the prosecution null and void.

The petition follows a July 21st Makindye Court criminal summon issued against Gen. Kayihura, Andrew Kagwa, the Regional Police Commander Kampala East Andrew Kaggwa, James Ruhweza who is the head of operations Kampala Metropolitan, Samuel Bamuziibire who was then the Commander Field Forces Unit.

Others include the Patrick Muhumuza who the commander the Field Forces Unit, Wesley Nganizi the regional Police Commander North, Geoffrey Kahebwa the then deputy Regional Police Commander North, Moses Nanoka the then Divisional Police Commander Wandegeya and other policemen and police Commanders still at large.

The private criminal proceedings were instituted by two law firms Lukwago & Co Advocates and Namugali & Walyemera Co Advocates.

In his petition, Rutaro wants the court to grant a number of remedies and reliefs which include; "Declaration that the act of the Chief Magistrate of Makindye of charging the named officers without specifying the alleged acts of torture contravenes the right to fair hearing and is inconsistent with articles 28(1), 3 (c), 4(c) and 2 and 2 (1) of the Constitution."

Declaration that the act of the Chief Magistrates Court of Makindye of charging the officers except the Inspector General of Police Gen. Kayihura before the Police tribunal as well as the chief magistrates court of Makindye with a different charges based on the same facts amounts to double jeopardy and is inconsistent with articles 28(1) and (9), 44(c), 2 and 2 (1) of the Constitution.

Declaration that the criminal prosecution of the above named officers based on the above charges is illegal, null and void and for contravening the above provision of the Constitution.

He also seeks an order discontinuing the criminal prosecution of the officers and costs of the petition together with any other relief the courts may deem fit.

Speaking to the New Vision, Daniel Magumba Walyemera of Namugali & Walyemera Co Advocates who filed the case at Makindye court said they would go to the Constitutional Court today to find out the grounds Rutaro had cited. He however warned that they were determined to handle the case in public interest cases on behalf of ignorant public and aggrieved persons.

"We should all know the Constitutional Court is not a place for busy bodies. We are determined to fight for the prosecution of the police bosses and we shall follow up the matter to its conclusion," Walyemera said.

Police came under heavy criticism following video recording and photos showing their men beating supporters on two different occasions.

Following the criticism, the officers involved were dragged before a police tribunal and Gen. Kayihura suspended a number of officers who were implicated in the beatings.

On Sunday however, President Yoweri Museveni blamed police brutality on opposition leader Kizza Besigye. "There are many opposition leaders like Cecilia Ogwal (FDC), Norbert Mao (DP), UPC and others, but I haven't heard them being involved in these conflicts with police. The whole thing is with Besigye because of his lawlessness and indiscipline," he told reporters at a press briefing during the closure of a retreat for Ministers and top officials of the National Resistance Movement.

Museveni claimed that "beating" was an acceptable method of crowd control during illegal demonstrations.

The President distanced himself from the use of long sticks to disperse crowds, insisting instead that "baton charge" would be a better course of action.