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Pending Appeal: Sheikh Kamoga denied bail

By Farooq Kasule, Hillary Nsambu

Added 18th May 2018 08:09 PM

Kamoga, 66, who is serving a life sentence over terrorism, had applied to be released on bail on grounds that his appeal has high chances of winning the case filed against him.

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Kamoga, 66, who is serving a life sentence over terrorism, had applied to be released on bail on grounds that his appeal has high chances of winning the case filed against him.

PIC: Former leader of Tabliq Sect in Uganda Sheikh Mohammad Yunus Kamoga at the Court of Appeal where he had applied for bail application. (Credit:Wilfred Sanya) 
 
CRIME
 
KAMPALA - Relatives and friends to jailed tabliq leader, Sheikh Muhammad Yunus Kamoga burst into tears on Thursday after the Court of Appeal denied him  bail, pending the disposal of his appeal.
 
Kamoga, 66, who is serving a life sentence over terrorism, had applied to be released on bail on grounds that his appeal has high chances of winning the case filed against him.
 
However, on Thursday, Justice Christopher Madrama of the Court of Appeal ruled that Kamoga was convicted of a serious offence of terrorism and no longer enjoys the presumption of innocence, because the onus is now on him to prove upon appeal that he was wrongfully convicted.
 
“A person serving long  a sentence is treated differently when it comes to bail pending appeal, because he is likely to abscond once granted bail.  But this is different for  those on lighter sentences,” Madrama ruled.
 
The court noted that Kamoga is unlikely to complete his sentence of life imprisonment before his appeal is heard and finally decided.
 

Sheikh Mohammad Yunus Kamoga on arrival at the Court of Appeal where he had applied for bail. (Credit: Wilfred Sanya) 

On August 21, 2017, Kamoga was convicted together with his brother Sheikh Murta Mudde Bukenya, Sheikh Siraje Kawooya and Sheikh Fahad Kalungi on a charge of terrorism. They were imprisoned for life.
 
Their co-convicts, sheikhs Yusuf Kakande and Abdu Salaam Sekayanja were each sentenced to 30 years in prison.
 
They were arrested in January 2015 following the murder of Sheikh Mustafa Bahiga on December 29, 2014.
 
He noted that it is not enough to say that one has substantial surities.  
In regard to Kamoga’s alleged illness, the judge said the doctor did not indicate that his illness could not be managed while in prison.
 
Madrama observed that there is no proof that Kamoga’s appeal will succeed since there is a counter appeal by the DPP challenging the convicts' acquittal.
 
They were accused of killing Sheikhs Mustafa Bahiga and Hassan Kirya and attempted to murder Dr Haruna Jjemba.
 
Madrama directed the Deputy registrar of the International Crimes Division of the High Court Harriet Nalukwago to produce the lower court records within 45 days from Thursday, to expedite both appeals.  
 
This means, Kamoga will have to wait for the determination of his appeal to know his fate.
 
Shortly after court, former Makindye west MP Hussein Kyanjo, who was among Kamoga’s surities said, “We thank the judge for accepting to hear our application and we have no problem with the results if the law is followed.”
 
 
 
 
 
 
  
 
 
 
 
 
 
Telephone: 0414337000/0312337000 
 
Nelson Naturinda
Deputy Online Editor
Telephone: 0414337000/0312337000 

 

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