Armed robbery: UPDF, Police officers fail to block army court trial

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Five security operatives’ move to block the General Court Martial (GCM) from trying them on charges of kidnapping a businessman in Kampala and robbing him of 10 kilograms of gold at gunpoint has failed.

The officers are;

▪️Joshua Obara, 31, a UPDF militant

▪️Collet Jawiambe, 44, a rifleman attached to 1st Division Headquarters Kakiri

▪️Gilbert Mafabi, 39, a Police officer attached to Counter Terrorism Naguru Police Headquarters

▪️Wilson Atekateka, 58, a retired Police officer

▪️Charles Ilungole, 43, a police investigator attached to Kyotera Central Police Station 

Through their lawyers led by Elizabeth Nyasingwa, Brian Mogi, and Captain Daniel Kagombe, the group of five appearing before the GCM chaired by Col Frederick Kangwamu had sought to block their trial.

This was after Kangwamu read them three counts: one of aggravated robbery, and two of kidnap with intent to murder.

The charges contravene Sections 226 (1) (a), and 266 & 267 (2) of the Penal Code Act Cap 128, and both attract maximum death penalties, upon conviction.

Double jeopardy

In their arguments, the defence requested court to halt the ongoing trial, alleging that charges preferred against their clients were vague, and that the Unit Disciplinary Committee (UDC) sitting at the Chieftaincy of Military Intelligence (CMI) headquarters in Mbuya, Kampala had charged them with the same on September 23, 2024, remanding them to Kigo Prison, where they were picked to appear before the GCM.

“My lords, charging our clients with the same charges, they denied before the CMI’s UDC at Mbuya, and have been on remand for close to one and a half years is double jeopardy and will lead to contradictory decisions, and this court’s embarrassment and judiciary at large during appeals,” Nyasingwa submitted, insisting that it was not the first time the accused were pleading to the same charges.

The lawyers also wondered why the prosecution didn’t amend the charges; instead, insisting that previously, there were four people on the file, but one had since been added.

“Secondly, my lord, some of the officers in the dock are serving Police officers as investigators, and it will not be proper to remand them to Luzira Prison where there are many suspects whose cases they investigated. We also pray that Obara is not remanded at the Military Police Quarter Guard at Makindye as requested by the prosecution,” said Nyasingwa.

Jurisdiction

Responding to defence submissions, prosecution led by Capt. Alex Mukhana, and 2Lt Phillip Anthoney Olupot told court that UDCs under current laws have no jurisdiction to try capital offences.

“First of all, as far as I’m concerned, there is one case file against the accused, and the same is before you, my lords. At UDC, there were only holding charges against the suspects as investigations proceeded, and that’s why we accused number five (Ilungole).

More arrests are to be made because the case file has nine people; four others are still at large, so there is no need to question why initially they were four, and now five,” Mukhana responded.

On why the suspects didn’t appear on an amended chargesheet, prosecutors said, “There is no way an amended chargesheet can rise because we have not charged these accused before; they are appearing here for the first time.”

Supreme Court disbanded UDCs

In his ruling, Col Kangwamu said the Supreme court disbanded UDCs, and that there was no way the accused could appear in a non-existent court, insisting that appearing before the GCM was lawful.

“This court finds that the current chargesheet is not defective, unless challenged on grounds of disobeying any rule done in framing of charges, which was not the case,” observed Kangwamu, adding that the accused had their constitutional right, and that they can formally apply for bail.

“In the circumstances, therefore, the charge sheet presented before this honourable court is not defective,  disclosure shall be done to accord the accused a fair trial, but that is when investigations are done, the accused persons are free to apply for bail,” ruled Kangwamu.

He remanded Obara to Makindye Military Police Quarter Guard, Ilungole at Luzira Maximum Prison, and the rest of the suspects at Kigo Prison, adjourning the case to April 7, 2026, for mention.

Charges

Prosecution alleges that Ubura, Jawiambe, Mafabi, Atekateka, and Illungole, on July 23, 2024, at Jalia City along the Kampala–Masaka highway in Mpigi District, robbed Ian Mugyenzi of 9kgs of gold, and that immediately, before or after the said robbery, were in possession of a deadly weapon, to wit; a pistol S/No. UPDF45306157.

It is also purported that during the same day and time, the group, by force, abducted Cpl Daniel Okiror and Mugyezi against their will with intent that he may be disposed of so as to be put in danger of being murdered.