Court halts Kayihura prosecution

The Chief Magistrate's Court at Makindye has formally halted torture case proceedings against Police chief Gen. Kale Kayihura and seven other senior police officers.

On Monday, the court presided over by Grade One Magistrate Harriet Nakitende stayed the proceeding indefinitely, pending the hearing and determination of a petition filed at the Constitutional Court by city lawyer Robert Rutaro.

Rutaro, who turned up in court, is challenging the constitutionality of Kayihura's prosecution before Makindye Court. Neither the accused nor private prosecution lawyers were in court.

Her decision follows an interim order issued by the Deputy Chief Justice Steven Kavuma, stopping the criminal proceedings against Kayihura and other senior police officers at Makindye Court, pending the determination of the constitutional petition case.

"I request court to formally stay the case until the Constitutional Court hears and determines a petition filed by city lawyer Rutaro," David Owundo Wandera, who called himself an officer of court, made the request before the magistrate.

Rutaro of Messes' Candia & D.W. Oundo Advocates contends that the trial of Kayihura and other officers contravenes the 1995 Constitution because they were not given a right to a fair hearing. He wants court to render the accused's prosecution null and void.

He also seeks a court declaration that the criminal prosecution of the accused on torture charges is illegal, null and void.

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

Abdullah Kiwanuka one of the Lawyers who filed petition accusing Gen. Kale Kayihura and seven officers addressing the media at Makindye Chief magistrate Court. Photo by Ramadhan Abbey

Others include Patrick Muhumuza, commander the Field Forces Unit, Wesley Nganizi, the regional Police Commander North, Geoffrey Kahebwa, the then deputy Regional Police Commander North and Moses Nanoka, the then Divisional Police Commander Wandegeya.

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

The group is accused of torturing supporters of former Forum for Democratic Change President, Dr. Kizza Besigye   on two occasions as they escorted him. However three of the five complainants issued a statement indicating they had lost interest in the case.

Resident state attorney Immaculate Angutoko informed court that the Director of Public Prosecutions (DPP) had taken over the matter and asked it to avail them with court records to do with the case. 

Police deployed at Makindye Court on Monday. Photo by Ramadhan Abbey

Private lawyer Abdullah Kiwanuka, who came to court late, told New Vision they seek to apply to Constitution Court in a bid to be joined as respondents in the matter.

"We were served with Justice Kavuma's order this morning [Monday] and we have to go with it since Makindye Court has no powers over High Court but we shall apply to join in the case so that it takes off."