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Kittata’s lawyer runs to court over expulsion

By Barbra Kabahumuza, Michael Odeng

Added 15th August 2018 08:00 AM

The arrest of Kittata followed a crackdown on suspects linked to the murder of Francis Ekalungar, the former accountant of Case Clinic.

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The arrest of Kittata followed a crackdown on suspects linked to the murder of Francis Ekalungar, the former accountant of Case Clinic.

COURT

KAMPALA - The Boda-Boda 2010 patron, Abdullah Kittata’s lawyer, who was expelled recently from the army court over misconduct, has taken the Attorney General (AG) to High court, seeking compensation for his infringed rights and embarrassment.

The General Court Martial (GCM) presided over by Lt. Gen Andrew Gutti last week ordered Jimmy Muyanja never to appear before it again while accusing him of banging a table during court hearing.

This came after Muyanja claimed that the state prosecutor, Maj Raphael Mugisha was squinting at the prosecution witness, Pte Richard Kasaija, as he was being cross-examined by his colleague, Shaban Sanywa.

Muyanja contends that this is a violation of his professional right to practice as a licensed advocate since Gutti never accorded him an opportunity to defend his actions.

Muyanja also faults Gen Gutti of acting in excess of his powers by losing his composure and using an irate and abusive language towards him something that degraded him before his client.

He is seeking court orders compelling AG to reverse Gutti’s orders of permanently banning him from representing his client –Kittata and 12 others who are battling six counts including unlawful possession of firearms, live ammunitions, military head gears and uniforms.

“Unless Gutti’s order is reversed, Kittata will miss services of an experienced advocate who attended his bar course from Tanzania,” he contends.

He added that “the reason Kittata instructed me to represent him is because of my ability to speak and understand the Kiswahili language that is commonly used in the General Court Martial.”

Apart from Kittata, Muyanja also represents Sowali Ngobi, Amon Twinomujuni, Joel Kibirige, Matia Ssenfuka, Hassan Sebatta, Jonathan Kayondo, Hassan Ssegoba, Sunday Ssemwogerere, John Sebandeke, Hussein Mugema, Fred Bwanika and Ibrahim Ssekajja.

According to prosecution, the above items are only a monopoly of the Uganda Peoples Defence Forces (UPDF) and it is wrong for civilians to possess them.

Prosecution further alleges that the trio with 12 others in the same date was found in possession of military headgear (caps) and uniforms.

His case has been allocated to Justice Musa Sekaana for hearing.

Background

The arrest of Kittata followed a crackdown on suspects linked to the murder of Francis Ekalungar, the former accountant of Case Clinic. Most of the suspects are boda boda 2010 members.

Ekalungar was kidnapped on January 2, this year by unknown assailants on his way to Dfcu Bank to deposit over sh15m belonging to the hospital. A day later, his body burnt was found at Kajjansi off Entebbe Road.

The case has been adjourned to September 10, for further hearing.  

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