Kasangati Court okays Besigye case against Kayihura

Court has accepted to hear a suit by former presidential candidate Col. Kizza Besigye, seeking orders to be immediately and unconditionally released from his home detention by the police and other security organs.

Kasangati Grade One Magistrate Prossy Katushabe on Monday agreed with Besigye's lawyers led by David Mpanga that he (Besigye) sued the right parties, the Inspector General of Police (IGP) Gen. Kale Kayihura and Kampala North Regional Police commander (RPC) Wesley Nganizi as opposed by Principal State Attorney, Caroline Nabasa.

"I agree with counsel Mpanga that the respondents are culpable under section 24 and 25 of the Police Act and were duly notified although they have never responded" Nabasa said.

Besigye's lawyers Erias Lukwago and David Mpanga chat following the ruling. Photo by Edward Kisoma

Katushabe further agreed with Mpanga that Besigye's case was wrongly dismissed by the court on March 9 due to the recklessness of the court clerk because the matter was fixed for hearing on March 17 and it was an error of court.  

On March 17, Nabasa had informed court that the case had been dismissed recently.

On whether the two cases in both the civil division of the High Court and the Magistrate's Court are seeking similar remedies, the trial Magistrate ruled that although both cases appear to be similar, they seek different remedies as opposed by the State Attorney.

FDC's FDC's Ingrid Turinawe was in court to follow the proceedings. Photo by Edward Kisoma