Mwenda charged, bailed

By Alred Wasike and Hillary Kiirya

AFTER spending the weekend at the Kampala Central Police Station, an exhausted-looking Andrew Mwenda was yesterday charged with sedition and released on a sh500,000 cash bail. He pleaded not guilty.

Mwenda, who faces a sh50,000 fine, or a five-year jail term, or both, allegedly uttered seditious statements against President Yoweri Museveni and the Government on his live talk-show last Wednesday night.

The charge sheet said Mwenda, 33, of Plot 13 Lower Kololo Terrace, uttered the words with the intention to cause hatred against the President and the Government. It said he committed the offence on August 10, 2005, at KFM radio station, Namuwongo, Kampala.

Mwenda’s five sureties, Conrad Nkutu, The Monitor managing director, Joachim Buwembo, the managing editor, Kevin Aliro, The Observer chief, Norbert Mao, Gulu Municipality MP and Mwenda’s sister, Margaret Muhanga of the President’s Office, were bonded for sh2m each.

Mwenda, who was wearing a multi-coloured T-shirt, occasionally smiled at the packed courtroom, coughed into his palms and looked worried as his lawyers sought his bail.

Prosecutor Jane Frances Abodo quoted parts of the talk-show: “You see these African presidents. This man went to university, why can’t he behave like an educated person? Why does he behave like a villager? Museveni can never intimidate me.

He can only intimidate himself. The President is behaving more of a coward and everyday importing cars that are armour-plated and bullet-proof and you know moving in tanks and mambas, you know, hiding with a mountain of soldiers surrounding him, he thinks that is security.

That is not security. That is cowardice. Museveni’s days are numbered if he goes on a collision course with me. You mismanaged Garang’s security. Are you saying it is Monitor that caused the death of Garang? Garang’s security was put in danger by your own Government. First of all on a junk helicopter, second at night, third passing through Imatong hills where Kony is.

“Are you aware that your government killed Garang? I can never withdraw it (statement). I would say the Government of Uganda, out of incompetence, led to or caused the death of John Garang.”

Nakawa Chief Magistrate Deo Ninzeyimana asked Mwenda to plead.

Mwenda started: “You know I was exercising my right to liberty, freedom of speech as guaranteed by...” But Ninzeyimana cut him shot and asked: “Do you plead guilty or not?”

Mwenda said, “I cannot be guilty of my constitutional right to practise free speech as guaranteed by the Constitution. I plead not guilty.”

Abodo said Mwendawould interfere with investigations. But Mwenda’s lawyers said he would not jump bail because he was a journalist of repute and that this was not the first such case he was facing.

Earlier in the cells, Muhanga complained of opposition politicians trying to take advantage of Mwenda’s arrest.

Opposition politicians wearing FDC T-shirts, some claiming to be Democratic Party members, carried placards condemning Museveni for allegedly ordering Mwenda’s arrest.

While tearing the placards, Muhanga shouted, “Mwenda does not belong to any political party. Why seek political capital out of his suffering when family members are hurting?”