Kazini murder suspect charged in court

Nov 16, 2009

LYDIA DRARU, alias Atim, the woman suspected to have killed Maj. Gen. James Kazini, was yesterday charged with murder and remanded in Luzira prison.

By Edward Anyoli

LYDIA DRARU, alias Atim, the woman suspected to have killed Maj. Gen. James Kazini, was yesterday charged with murder and remanded in Luzira prison.

Draru, 28, was charged at Makindye Court before Grade II Magistrate Maxensia Namagembe. The accused was, however, not allowed to state whether she was guilty or not because it is a capital offence that is handled by the High Court.

Draru, who looked weak and worn out, was in the afternoon driven to the court at Makindye by operatives of the Rapid Response Unit and led to the magistrate’s chambers at about 3:30pm.
She was neither represented by a lawyer nor did she have any relatives in court. There were no relatives from Kazini’s family either.

In the chambers, there was only the magistrate, the clerk, a female Police officer, two prison warders and scores of journalists.

“Lydia Draru, alias Atim, on November 10, 2009, at Project Zone, Wabigalo, in Kampala, murdered Maj. Gen. James Kazini,” stated the charge sheet that was read to her in English without an interpreter. She appeared tense as she listened to the charge.

“This is a capital offence of murder. You are not allowed to plead to this charge because I don’t have jurisdiction over this matter. My duty is to explain to you why you are in court,” Namagembe said. The magistrate added that Draru can only apply for bail in the High Court.

The prosecution, led by Marion Aciyo, said inquiries into the matter are still ongoing. He asked the court to give the Police more time to enable them continue with the investigations.

Magistrate Namagembe remanded Draru until November 30 when she will re-appear in court for mention of the case.

After the charge was read, Draru broke down in tears before she was led to the court cell by a female prison warder. In the cell, she was comforted by another murder suspect, Hellen Nayiga, a senior procurement officer in the Auditor General’s office.

Nayiga, who had come to court for mention of her case, is facing charges of murdering her boyfriend, Robert Nangira, who was an employee of Bayport financial services.

A number of women, some working at the Makindye court, spoke to Draru in the cell, trying to find out what had happened.

Under the Penal Code any person found guilty of murder is punishable by death. Draru is accused of hitting Kazini to death on Tuesday at her home in Wabigalo, allegedly after a domestic brawl.

After her arrest, she recorded an extra-judicial statement at Buganda Road Court in which she confessed having hit Kazini with an iron bar three times on the head.

She told the magistrate she hit Kazini in self-defence after he accused her of stealing an unspecified amount of money. The fate of Draru’s 17-year-old niece, a student in a city secondary school, is not yet known.

The whereabouts of Bosco Lule, the local council boss of the area, could also not be established. Police spokesperson Judith Nabakooba said he was in their custody.

Meanwhile, Kazini’s lawyer yesterday said the constitutional case in which the late General was challenging his trial by the Court Martial might go ahead.
“We are looking at how to proceed with the constitutional matter. We want to see whether the case can survive him,” Kenneth Kakuru said yesterday.

He explained that the case was not only about Kazini but the interpretation of the Constitution. “The Supreme Court still has to determine whether any other person can be taken to the Court Martial and be tried on an offence of abuse of office,” Kakuru explained.

Regarding the criminal cases the former army commander was facing, Kakuru said they would automatically be closed.

(Addition reporting by Herbert Ssempogo)

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