Prosecution states that the accused, with malice aforethought, caused the death of Kenneth Watmon Akena
The trial of Mathew Kanyamunyu, accused of killing social worker Kenneth Watmon Akena, has been pushed to the next criminal session.
The next criminal session is to be determined by the deputy registrar of the Criminal Division of the High Court.
Kanyamunyu, also the executive director of Quantum Express Logistics, is battling the murder charges alongside his girlfriend, Cynthia Munwangari and brother Joseph Kanyamunyu.
The trio is accused of complicity in the murder of Akena who was shot dead on November 12, 2016 around Lugogo in Kampala over a car scratch on Mathew’s vehicle.
Akena, 33, was rushed at Norvik Hospital, along Bombo Road where he was pronounced dead, a day after the incident.
Although the trial was scheduled to kick off on Monday, senior state attorney Fatumah Nakafeero who teamed up with Gladys Nyanzi informed the presiding judge Stephen Mubiru that they had not yet concluded the disclosure of evidence to the defence lawyers.
“We were unable to complete the disclosure of the evidence we intend to rely on to the defence lawyers as earlier directed by the court. We are therefore praying for an adjournment to finalise the process to avoid trial by ambush,” Nakafeero submitted in a court session that lasted about 30 minutes.
Asked by the judge on why they were unable to complete the disclosure, Nakafeero said the case is handled by two teams which has occasioned the delay.
Nakafeero asked court to adjourn the case to the next session to enable them complete the disclosure of the evidence to the defence lawyers, MacDosman Kabega and Evans Ochieng.
This prompted the judge to refer the matter to the court deputy registrar to allocate it to another judge in the next convenient session on grounds that he is left with one week to conclude the session.
“I have no time to commence a trial I will not be able to finish. This trial is hereby adjourned to the next court convenient session,” Mubiru ruled.
Prosecution alleges that the accused and others still at large on November 12, 2016 along Kampala-Jinja Road opposite Malik car bond with malice aforethought caused the death of Akena, the community development officer, employed by a local non-governmental organisation.
In his statement to the Police, Kanyamunyu denies the allegations, saying although he had an exchange with the deceased over ramming into his car, he did not harm him (Akena).
Kanyamunyu claims that his only crime was taking Akena to hospital after he was shot as a Samaritan.
However, John Paul Nyeko, a relative to the deceased (Akena) earlier said his cousin made a dying declaration, in which he pinned Kanyamunyu for shooting him in the Forest Mall parking yard.
Nyeko states that the late Akena informed him that he had gone to withdraw money from a bank at the Mall and while reversing, he accidentally knocked Kanyamunyu’s car.
He added that Akena came out of the car to seek pardon, but Kanyamunyu instead shot him.
However, the guide says he did not hear a gunshot and that he thought someone was being taken to hospital after he had collapsed.
Tension in court
There was tension in court when the judge said the trio, currently on bail were to be remanded pending trial.
Immediately, Ochieng stood up and inquired from the judge on whether their bail had been cancelled.
“I think that is a slip of the tongue because the accused are out on bail,”
At this point, the judge directed them to continue reporting to the deputy registrar pending their trial, something which gave the accused who had started panicking a sign of relief.