Army court frees former IGP Kayihura on bail

Aug 28, 2018

But Gen. Kale Kayihura is restricted to traveling only within Kampala and Wakiso districts. Only with special permission can he move beyond.

PIC: Gen. Kale Kayihura had all reason to smile after the military court granted him bail on Tuesday. (Photo credit: Mpalanyi Ssentongo)

SECURITY | COURT


KAMPALA - A grin of satisfaction immediately impressed on Gen. Kale Kayihura's face as soon as General Court Martial chairman Lt Gen. Andrew Gutti declared that, with all factors considered, "there was no reason he shouldn't be granted bail".

Even before the official declaration, the military courtroom erupted into jubilation, punctuated with hugs and high-fives amongst Kayihura's supporters. They knew their man had secured his freedom.

After over 70 days in military detention, the former Inspector General of Police (IGP) was, from that moment, a free man. He had been granted bail.

Outside, the celebratory mood rippled across the courtyard as Kayihura's supporters, who had braved the late afternoon sweltering heat to learn of his most immediate fate, punched the air, flashed thumbs-up signs and broke into songs.

 

 

 

Last week on Friday, Uganda's longest-serving IGP was charged with three counts: two on failing to protect war materials and one on aiding and abetting kidnap commission.

He denied the charges, which attract a maximum sentence of death.

Seeking to have their client freed on bail, his lawyers were tasked with putting their bail application on paper for consideration -- which they did. Kayihura was then remanded to military detention, a familiar environment, where he had been hold up since mid-June.

The case was adjourned until September 4, but he would know his bail fate exactly seven days earlier.

And on Tuesday early afternoon, the mood inside the army court transformed from tense to victorious, as friends and family of Kayihura basked in a decision that had gone their way.

 

Earlier, Kayihura's legal team, led by Peter Kabatsi, presented four grounds for his release on bail.

One, that it is his constitutional right to apply for bail.

Two, that the former IGP is of advance age.

Three, that Kayihura is sick and needs specialised treatment abroad.

And four, that he has substantial sureties to stand for him.

Three people stood surety for the former Police chief -- Maj. Gen. Sam Kavuma, the Deputy Commander of Land Forces, Maj. Gen. James Mugira, managing director and CEO of National Enterprise Corporation, which is the business arm of the UPDF and Rosemary Tumusiime, the MP of Entebbe Municipality.

Peter Kabatsi led Kayihura's legal team

 

 

 

 

 

Considerations and conditions

The prosecution team had earlier argued against Kayihura being granted bail, saying that he might interfere with ongoing investigations.

But in his ruling, Gutti said that while the offences against Kayihura are of "a very serious nature and attract a maximum sentence of death", his court had put into consideration a number of factors to grant him bail.

The considerations were that Kayihura has never been convicted before by any court, he is of advanced age, he requires urgent medical treatment and that he has the required number of sureties to support him.

 



After granting the former IGP bail, Gutti set a number of conditions tied on the bail.

Kayihura is restricted to traveling within only Kampala and Wakiso districts, and if he is to move beyond the said areas, he requires permission from either the army court or the military leadership.

He is also to report to court once every month -- on the first Monday.

He is not to travel out of the country except with permission from either the army court or the military leadership.

Kayihura has to also report to court as and when required.

He was given a sh10m non-cash bond and his sureties each a sh5m non-cash bond.

In his parting shot, Gutti warned Kayihura that if he defaulted on those conditions, he would see himself back in confinement.


 

 

 

 

 

 

 

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