Court stops arrest of Kabale priest

Nov 17, 2016

The priest has since been living in hiding fearing to be arrested after the bishop obtained a warrant of arrest against him for failure to pay court costs for cases he lost against him.

Justice Catherine Bamugemereire, a court of appeal judge in Kampala has cancelled a warrant of arrest against the Kabale diocese embattled priest, the Right Rev. Boniface Turyahikayo who has been in hiding fearing to be arrested for failure to pay court costs worth shs61million.

The priest was suspended from duty in 2012 and consequently dismissed by the current Bishop, Callist Rubaramira basing on disciplinary grounds.

The priest has since been living in hiding fearing to be arrested after the bishop obtained a warrant of arrest against him for failure to pay court costs for cases he lost against him.

In her ruling dated October 08, 2016 but delivered on October 21, the judge stated that the applicant (priest) had proved that there was eminent danger of execution hanging over his head and of the respondent's counsel demanding payment of the decretal amount within seven days. She stated that there was a memorandum of appeal in the same court in regard to appeal number 173 of 2014 filed by the applicant.

"This court therefore orders for the stay of execution emanating from taxation matters," the ruling read in parts.

Fr. Turyahikayo applied to the court of appeal seeking for an interim order of stay of execution in respect of the High Court ruling and orders obtained in miscellaneous application number 60 of 2012 until the final disposal of the main application for stay of execution pending in the court of appeal.

 
Fr. Turyahikayo made an appeal in the High Court of Kabale against his suspension and dismissal and against orders by the bishop from associating with the Abafatima Sisters, a congregation of nuns in Kabale diocese. He was also barred from carrying out any activity within the diocese.

But the priest's application against the high court ruling was dismissed, prompting him to run to the court of appeal. Both cases were still pending.

The court first ordered Turyahikayo to pay shs49m later added more costs from other applications which were dismissed, which came to a total of shs61m.   
 
 The row between the priest and the bishop escalated when Fr. Turyahikayo opposed his dismissal and ran to court in November 2012 accusing the bishop of failure to give him a hearing.

Fr. Turyahikayo was in March this year intercepted and arrested by court bailiffs as he walked on Colville Street in Kampala as he came out of a reconciliation meeting that was organized by former tourism minister, Sirapio Rukundo at Christ the King Church building in Kampala.

He was driven back to Kabale and produced in court but he was released.
Court bailiffs have since been hunting to arrest the priest after obtaining a series of orders following his failure to pay court costs.

In her ruling, Bamugemereire however maintained the high court order for Fr. Turyahikayo to stay away from the nuns' congregation and from associating with them.
The bishop was represented by his lawyer, Vennie Murangira Kasande and the priest was represented by Hudson Ssegamwenge.         
 

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