Brig. Tumukunde not a free man yet

Apr 22, 2013

To attain his freedom, Brig. Henry Tumukunde has to sign an undertaking that he will not commit another crime.

Last week, eight years since the trial of Brig. Henry Tumukunde started, he was set free, but sentenced to a severe reprimand. However, he has not fully attained his freedom yet as he has to appear before either the Commander-in-Chief or the Chief of Defence Forces to sign an undertaking that he will not commit another crime, before he can completely walk free.

By Charles Etukuri

Former head of the Internal Security Organisation (ISO), Brig. Henry Tumukunde, who was sentenced by the Court Martial on Thursday, is not yet a free man.

Tumukunde was sentenced to “severe reprimand” after the Court Martial, chaired by Brig. Fred Tolit, found him guilty of conduct prejudicial to good order and discipline of the defence forces.

The army chief political commissar, Lt. Col. Felix Kulayigye, explained that in military terms, a “severe reprimand” implies that should Tumukunde commit any other crime, he will face dire consequences.

In the meantime, before he attains his full freedom, he has to appear before either the Commander-in-Chief, President Yoweri Museveni or the Chief of Defence Forces, Gen. Aronda Nyakairima to sign an undertaking that he will not commit another crime.

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Brig. Henry Tumukunde talks to his lawyer Oscar Kambona  as his supporters from Rukungiri queue at the General Court Martial. He is charged with spreading harmful propaganda and conduct prejudicual to  good order and discipline, contrary to the UPDF Act. PHOTO/Enock Kakande

In an interview with Sunday Vision, Kulayigye explained that every punishment in the army has a meaning.

“The lowest sentence by a military court is a warning, followed by a serious warning. Then we have the administrative order, where you are marched to your commander and you are verbally warned. Then there is a reprimand, where one is matched to sign a form,” he said.

What severe reprimand entails

Kulayigye said severe reprimand is a more serious form of punishment in the army.

“One is marched to his superior and he signs an undertaking that should he commit another offence, the consequences will be dire. Both the superior and the junior then sign forms, which are kept in the file,” he said.

Kulayigye said when one is sentenced to severe reprimand, it means it has an impact on his promotion and future job prospects. “If he commits another crime, it will work against him.”

He also defended the sentence, saying although the maximum penalty for the crime Tumukunde committed was death or dismissal from the army, “it was entirely within the court’s discretion to sentence him in the manner it deemed fit”.

The beginning of trouble

Tumukunde’s woes started on May 30, 2005, when he was arraigned before court for allegedly appearing on a radio talk show without proper authorisation from appropriate authorities and criticised the country’s leadership.

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General Court Martial Chairman Brig. Fred Tolit

It has been the longest military trial in the history of the Ugandan military. The trial has seen Tumukunde face five chairmen of the Court Martial namely: Gen. Elly Tumwine, Lt. Gen. Ivan Koreta, Brig. Bernard Rwehururu, Maj. Gen Charles Angina and Brig Fred Tolit.

He was also accused of uttering statements prejudicial to discipline and order of the army. It was for this reason that he was charged under the UPDF Act 2005. He was, however, acquitted on the charge of spreading harmful propaganda.

By the time he was convicted and eventually sentenced on Thursday, he had resigned to his fate, at one time terming his trial a persecution.

“I am no longer worried about going to Luzira Prison, which I think is better than coming to this court anymore. Mr. Chairman, justice delayed is justice denied. I only wish one of you puts himself in my shoes. I started coming to this court when my son was in S1, he is now working,” Tumukunde voiced his frustrations over his delayed trial, before the Court Martial earlier this year.

Controversial man

Tumukunde is no stranger to controversy. He shot into the limelight in November 2000 and became a subject of public scrutiny over massive wealth accumulation. The brigadier had just declared his wealth in Parliament, which stood at sh800m.

He was immediately promoted to brigadier when the scandal was still fresh in people’s minds.

Still a darling of the regime at the time, on December 28, 2000, President Museveni published a long article in the media, while responding to FDR Gureme, who had attacked him on Tumukunde’s promotion to Brigadier.

“A young officer proudly brags that he has assets worth sh800m. There is a huge outcry that he should be suspended and investigated, and all that happens is he is given a promotion,” Gureme wrote.

In a long reply, Museveni defended Tumukunde’s promotion.

“I promoted Tumukunde because I am also responsible for the lives of Ugandans. Tumukunde had proved effective in combating terrorism in Kampala, where every night Ugandans were being killed by grenades.”

Political might

His role in the 2001 political campaigns can never be underestimated. Faced with an immediate challenge from bush war colleague Col. (Rtd) Kizza Besigye, Tumukunde’s political mobilisation record was what the Movement needed at the time.

He was instrumental in mobilising support for the Movement in Busoga and was so popular in Kampala because of his underground kakuyege (mobilisation).

When Emmanuel Dombo, MP for Bunyole, made a U-turn and threw his weight behind Besigye, Tumukunde was specifically assigned to bring him back to the NRM fold.

Despite his woes at the Court Martial, he remains one of the most respected senior officers in the army. His record in the army speaks volumes.

A lawyer by profession, Tumukunde, army number RA 0111, is a bush war hero, having joined the NRM to fight Milton Obote’s government and was instrumental in some of the key victories. When the NRM captured power, he was promoted to Major and posted as a military attaché’ at the Uganda High Commission in Britain.

Back to Uganda

On his return, he was appointed the army’s director of planning, chief of personnel and administration and is credited for having engineered the recruitment of competent and educated officers to head different departments in the army.

He was the first head of Chieftaincy of Military Intelligence and was instrumental in ending Allied Democratic Forces bombings in Kampala in the late 1990s. He later served as the 4th Division commander in Gulu, where he was instrumental in containing the Lord’s Resistance Army rebels.

It was because of this that he was transferred to head ISO.

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Tumukunde at the Court Martial on Thursday September 15, 2005 (left). Then, on the army man is being checked by a Military Police officer at the Court Martial at Makindye on May 10, 2012.

Tumukunde used his vast skills to restructure the intelligence outfit, created structures at the grassroots, making one of the best intelligence gathering outfits in the country.

Some regard him as an arrogant officer, but those close to him say he is a down-to-earth man.

He also actively participated in politics. He represented Rujumbura in the 1994 Constituent Assembly and was instrumental in the crafting of the 1995 Constitution.

In the mid-2000s, he was linked to the formation of a political party, the Progressive Alliance Party, whose secretary general was his aide, Bernard Kibirige.

At the time he was dropped from ISO, it was reported that he was accused by top army and government officials for using his office to build a political network.

It was alleged that he had met a senior historical who was opposed to the opening up of the term limits. Tumukunde is reported to have refused to go for further studies.

In early 2005, he appeared on a local radio station and angered the President and the army leadership by making a scathing attack on the establishment. Speaking on radio, he among other things, opposed the lifting of presidential term limits.

Forced out of parliament

A meeting of the UPDF leadership chaired by the Commander-in-Chief on May 28, 2005, was called and Tumukunde was asked to explain himself and forced to resign his seat in the Seventh Parliament. He was subsequently arrested and spent the better part of that year under house arrest at the Officers’ Mess in Kampala.

In a show of defiance, instead of writing a resignation letter, Tumukunde wrote to the then Speaker of Parliament, Edward Sekandi, explaining his predicament. The Speaker took the letter to mean that Tumukunde had resigned and promptly declared the seat vacant.

Tumukunde challenged his decision before the Constitutional Court seeking an interpretation of the Constitution and events surrounding his forced resignation, but the court upheld that it was a ‘resignation’.

He then appealed to the Supreme Court. In 2006, the Supreme Court’s lead judgment delivered by Justice George William Kanyeihamba overturned the 2006 ruling of the Constitutional Court.

The Supreme Court ruled that President Museveni, the Commander-in-Chief of the UPDF, had acted unlawfully when he summoned Tumukunde and asked him to resign his seat in 2005.

For now, Tumukunde is still a serving army officer and as to whether he will sign the document binding him to the army rules, only time will tell.

Tumukunde's memorable quotes

  • “I will go to court, but I will not say anything because I do not have more witnesses and defence lawyers. I will not get justice. This has been seen in the way the case has been handled.”
  • “I have suffered a lot for the “system” and this can be demonstrated by the bullet wounds on my body,” he added. — November 22, 2012.
  • “Mr. Chairman, when we were last here, I categorically stated that I will not defend myself. You insisted that you will give me chance to think about it, which is two more months now. I am not worried about going to Luzira Prison, which I think is better than coming to this court anymore.” — January 9, 2013.
  • “Take me to Luzira now instead of keeping me on a trial that has lasted over a decade. Please give me a judgement on my case.”
  • “Mr. Chairman, you are very well aware that I was supposed to appear before this court with some people. They went to attend courses and came back as if they have nothing in this court. Why me?”
  • “There were many military officers who have continued to criticise the Government on more serious issues, including those threatening Uganda with military coups, but they have not been brought to book. Why me, why me?”— February 28, 2013.

    Looking very annoyed, Tumukunde explained that he was 44 years when his trial commenced.
  • “I am now 52. The difference between 44 and 52 is a very critical time for everyone. Mr. Chairman, I imagine that you have to ask for permission when you want to go somewhere for nine years. A judgment in my case would set a precedent for justice and many soldiers who are languishing in jail without trial.”
  • “I want to thank you Mr. Chairman for resolving this matter. I thank you so much,” he said on Thursday after the Court Martial passed his sentence.

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