______________

The General Court Martial at Makindye in Kampala has for the third time denied bail to 28 incarcerated bomb suspects.

The group, who have spent over three years on remand, are battling two counts of treachery and illegal possession of 13 pieces of explosive devices (bombs).

Under the law, treachery contravenes Sections 129 (a) of the UPDF Act, 2005, and elicits a maximum death sentence whereas unlawful possession of ammunition contravenes Sections 3 (1) and (2) (a) of the Firearms Act, Cap 299.

Chaired by Brig. Gen. Robert Freeman Mugabe, the GCM on Monday, April 15, 2024, declined to grant the accused bail on grounds that they did not prove that they had fixed places of abode in his court’s jurisdiction.

Mugabe further ruled that the accused had spent a long time on remand and that their sureties were substantial, but were likely to abscond once granted bail.

In the dock are suspects at the General Court Martial whom the state says belong to the force ‘Bali Bali’ group and allegedly engaged in war or war-like activities against the Government of Uganda. (Credit: Douglas Mubiru)

“Therefore, this court finds no merit in the application and declines to grant bail to the applicants. The application is hereby dismissed,” Gen. Mugabe ruled, ordering an expeditious trial of the applicants in the main case.

However, the accused’s attorneys Benjamin Katana and George Musisi protested the court’s decision and the grounds it based to deny the applicants bail, saying, “The same charge sheet to which the suspects were charged indicates where each of the applicants stays, so you cannot rule that they have no fixed places of abode.”

The suspects include Rashid Sseguja aka Chairman Kakooza, Yasin Ssekitoleko aka Machete, Mesach Kiwanuka, Abudallah Kintu, Umar Emma Kato, Musa Kavuma, Ibrahim Wandera, Albert Nagwere, Steven Musakulu, and Jimmy Galukande.

Others are hawker Olivia Lutaya, Davis Mafabi, Abdallah Gibusiwa, Livingstone Katushabe, Swaibu Katabi, Siraji Mudebo, Joseph Muganza, and Stanley Lwanga among others.

Sureties

Among the applicants’ sureties were National Unity Platform (NUP) Members of Parliament namely; the Leader of Opposition, Joel Ssenyonyi (Nakawa West), Francis Zaake (Mityana), Ronald Balimwezo (Nakawa East), and Helen Nakimuli, (Kalangala District).

Others are Aloysius Mukasa (Rubaga South), Gorreth Namugga (Mawogola County), David Isabirye Aga (Jinja North), and Makindye Division Mayor Ali Mulyanyama Kasirye Nganda among other leaders and relatives.

Suspect attacks court chairman

Upon denying the accused bail, one of the suspects Muhydin Kakooza, jumped out of the dock to attack the court chairman Gen. Mugabe.

He was, however, intercepted by the Military Police court orderlies, whom lawyers have accused of beating their client into a coma.

However, this is not the first time Kakooza has attacked the GCM presiding chairman, having done the same in April 2022 when he attacked the then-court chairman Lt Gen. Andrew Gutti.

Kakooza has since been sentenced to eight months on remand over contempt of court.

Charges

Lt Col Raphael Mugisha, the army Director of Prosecutions Lt Alex Mukhwana, Private Regina Nanzala, and Private Anthony Phillip Olupot are prosecuting the case.

Prosecution alleges that between the months of March-May 2021 in diverse areas of Kampala Metropolitan (Kireka, Nakulabye, Kawempe, Natete, Nakasero), Jinja, and Mbale cities, respectively under a force called Bali Bali group, the suspects engaged themselves in war or war like activities against the Government of Uganda to wit; recruited, trained and unlawfully detonated explosive devices ordinarily the monopoly of the Defence Forces onto motor vehicles and other infrastructure in the aforementioned areas for purposes prejudicial to the national security.

It is further alleged that between November 2020 and May 12, 2021, in diverse areas of Jinja, Mbale, Kireka, Nakurabye, Kawempe, Natete, and Kampala Central, the accused were in possession of explosive devices which are ammunition ordinarily the monopoly of the Defence Forces.