Former Kasese MP contestant granted bail

Having spent 17 months at Makindye Military Police Barracks, Brian Robert Lukumbuka a former Kasese Municipality Parliamentary contestant has today (Tuesday) been granted bail.   

Lukumbuka was detained for being in possession of military stores unlawful. The charges contravene sections 160 (2) (c) of the UPDF Act, 2005 and calls for a maximum penalty of death upon conviction. 

The General Court Martial (GCM) chaired by Lt. Gen Andrew Gutti released the accused on a non-cash bail of sh2m while his sureties were found substantial and bonded sh3m not cash. 

"This court finds merit in the bail application, the applicant is hereby granted bail, having presented substantial sureties and the offence is bailable," Gutti ruled. 

The accused is restricted to movement in only Kampala and Wakiso and he has to report to the army court twice every month.  According to prosecution, the accused is subject to military law by virtue of section119 (1) (h) (i) and (ii) of the UPDF Act, 2005. 

The law

Under the law, any person found in unlawful possession of arms, ammunition or equipment ordinarily being the monopoly of the Defence Forces or other classified stores as prescribed, is alleged to have committed a service offence and shall be treated as if he or she was a militant. 

The charge

The prosecution asserts that Lukumbuka on June 20, 2018 while at Mbuya a Kampala suburb was unlawfully found in possession of military stores, military uniforms and equipment that are of the Defence Forces.