By Andante Okanya
The ex-Buhanguzi County MP Tom Kyahurwenda has dragged Government to court, alleging he was framed and prosecuted for his sister's murder, a case that was eventually dropped by the Director of Public Prosecutions(DPP) in October 2010.
In the civil suit filed on September 28 at the High Court in Kampala, Kyahurwenda is demanding compensation, claiming the murder charges cost him his seat in last year's February 18 polls.
He however does not specify the amount of money he is demanding in compensation, only claiming he incurred cost spent on his legal team.
In the plaint, Government chief legal advisor the Attorney General (AG) is stated as the defendant. Court documents indicate that on July 16, 2008, Kyahurwenda was charged with the murder of his sister Margaret Nusungwa, purportedly killed on May 18, 2008.
He was charged at Masindi High Court alongside three others Irumba Kihiika(deceased's boyfriend), Peregrine Kwikiriza, and Simon Karungi(Kyahurwenda's political agent).
Through Nyanzi, Kiboneka, and Mbabazi Advocates, the former legislator who was in the seventh and eighth Parliament, blames Government for his woes, saying its agents treated him unfairly, as they acted on its behalf.
"The plaintiff avers that the actions were planned and orchestrated by officials, servants, agents, and operatives, to which Government is liable for their actions," Kyahurwenda contends.
He asserts that Government failed to protect his rights, alleging torture was used to extract illegal confessions against him. He wants court to compel Government to arrest the deceased's murderers.
"Plaintiff is seeking orders and directions to investigate and discipline the perpetrators of these acts against him. Measures should be put in place to deter the reoccurrences," Kyahurwenda states.
He wants court to declare that Government is at fault for failing to establish mechanisms to prevent and deter acts of abuse of office by its agents who falsely instituted criminal proceedings against him.
The AG is yet to respond to the allegations. A hearing date is yet to be fixed.
