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Court has endorsed a trial in absentia of one of the suspects in the murder of the former Police spokesperson, Andrew Felix Kaweesi.
A panel of four judges of the International Crimes Division of the High Court, led by Dr Winifred Nabisinde, on July 16, 2025, ruled that Bruhan Balyejusa Kalyango aka Masiga will be tried in absentia because the Police have failed to trace him.
Other judges on the panel are Susan Okalany, Richard Wejuli Wabwire and Dr Andrew Bashaija.
“The criminal proceedings against Kalyango in the High Court International Crimes Division shall proceed in his absence,” Nabisinde ordered.
Kalyango will be tried together with Shafik Kasujja, who reportedly fled to the Democratic Republic of Congo to reunite with the Allied Democratic Forces (ADF) rebel group.
The two suspects were among the eight released on bail by High Court Judge Lydia Mugambe on March 19, 2019, pending trial.
Others are Abdul-Rashid Mbaziira, Aramanzani Noordin Higenyi, Yusuf Mugerwa alias Wilson, Joshua Magezi Kyambadde, Jibril Kalyango alias Abu, and Yusuf Siraje Nyanzi alias Ssentamu.
The accused face charges of murder, aiding or abetting terrorism and professing membership of a terrorist organisation. Under the Penal Code Act and the Anti-Terrorism Act, the offences attract a maximum sentence of death on conviction.
The judges said stopping the trial due to Kalyango’s absence would unjustifiably infringe upon the right of his co-accused to a fair and prompt trial.
“Kalyango’s failure to appear in court as required by his bail conditions, leaving his known residence without a trace, and the unavailability of his known telephone contacts strongly suggest that he has absconded. This act effectively waives his right to be present and to be heard at his trial,” Nabisinde noted.
She added, “Postponement of the case until the accused is apprehended would cause distress to witnesses and victims. While this might favour Kalyango, a system of criminal justice should not be susceptible to such manipulation.”
The judges’ ruling was prompted by an application filed by the Office of the Director of Public Prosecutions (ODPP), which requested the court to try Kalyango in absentia after the police failed to arrest him.
At the hearing of the application, the state was represented by the assistant Director of Public Prosecutions Lino Anguzu and senior state attorney Marion Ben-Bella, while Caleb Alaka and Evans Ochieng represented the accused.
The court was informed by Inspector of Police Stephen Bwire that Kalyango sold the house where he resided and disappeared.
The judges said Kaweesi was a high-profile figure, and his murder has generated significant public interest and heightened expectations regarding the outcome of the case.
BACKGROUND
Kaweesi was killed in cold blood on March 17, 2017, in the Kampala city suburb of Kulambiro, together with his bodyguard, Kenneth Erau and driver Godfrey Mambewa.
Following his murder, dozens of suspects were arrested and charged in court, but only eight were committed for trial after investigations by Police linked them to the murder of the senior cop and his aides.
The summary of evidence tendered in court by the prosecution indicates that accused Mbaziira, admitted to participating in the planning and execution of the murder of Kaweesi.
Court documents further indicate that Mbaziira revealed to the Police that the assassination of Kaweesi was ordered by Allied Democratic Forces (ADF) leaders, as he was among government officials on its alleged hit list.
On the other hand, Mbaziira’s co-accused are said to have confessed to being members of the ADF, which is blamed for several atrocities, such as the Kichwamba student murders in 1998.
The massacre occurred at the Kichwamba Technical Institute in Kabarole district, resulting in the deaths of 80 students and the abduction of over 100 others.
The rebels locked students in their dormitories and set them on fire. Twenty-seven students who were burnt beyond recognition were buried in a mass grave inside the college, and the grave bears all their names.