Judges pulls out of treason case against Dr Kiyingi's in law

Uganda Cardiologist based in Australia Dr Aggrey Kiyingi. Photo/File

High Court Judge Wilson Masalu Musene has pulled out of the treason case against 19 people including Aisha Nakasibante, a sister in law to Uganda Cardiologist based in Australia Dr Aggrey Kiyingi.

Musene pulled out the case on Friday after principal state attorneys from Director of Public Prosecution (DPP), Thomas Jatiko and Racheal Bikhole presented in court a letter withdrawing the charges against the accused after he had directed them to close their case for failure to present witnesses in court.

The Prosecution presented in court nine witnesses but majority of them were doctors who examined the suspect's state of mind.

Musene rejected DPP's nole proseque (letter) after defense lawyers led by Charles Dalton Opwonya expressed possible re-arrest of the accused. The defense lawyers wanted an acquittal.

"It has become a habit by the DPP to drop charges against the accused and later re-arrest them. We want court to acquit them," Opwonya submitted.

Others accused include Sheikh Murta Bukenya who was jailed for life with his brother Sheikh Muhamad Yunus Kamoga over terrorism, Solomon Kibirige, Arafat Sserunjogi, Alex Okot, Joseph Olanya, No RA 17029 Pte Arajab Mubaje, Isa Matanda, Abdul Latif Byamukama, Safiyi Wadwal, Muzamir Kasawuli and Frank Nick Abonga, Charles Okidi and Asadu Ssemwogerere.

They have been remanded until further notice. However, their relatives are worried about the continued remand of their people since 2015 yet the state has failed to produce evidence against them.

The charges

It is alleged that Kiyingi, his in-laws Nakasibante and Ibrahim Kasozi had various meetings in Uganda, Kenya, Tanzania, and the United Arab Emirates aimed at overthrowing the Government by force of arms.

They allegedly tasked Amir Kinene Muswaswa to mobilise and recruit people who could participate in the struggle.

According to the indictment, Badru Bukenya, former Allied Democratic Forces combatant was the chief trainer of those who would have been recruited.

It is alleged that he conducted the training in Nalukolongo, Nateete, Masaka, Mpigi, Mbale and other parts of the country.

Prosecution further states that in 2013 Dr Kiyingi had a meeting with the group in Tanzania and pledged to provide more funds to purchase the requirements that included vehicles and military gear.