Kanyamunyu bail hearing on today

The High Court in Kampala is today slated to hear a bail application of city businessman Matthew Kanyamunyu and two others, accused of killing a child rights activist, Kenneth Akena.

The second bail application of Mathew Kanyamunyu, his brother Joseph Kanyamunyu and girlfriend Cynthia Munwangari will be presided over by High Court Judge Yasin Nyanzi.

Lawyers, Caleb Alaka and Evans Ochieng will defend the accused, while principal state prosecutor, Samali Wakhooli will prosecute the case.

Kanyamunyu and his co-accused had applied to be released on bail before, but High court Judge Elizabeth Kibula Kabanda declined to grant their wish, saying they had not proved to court exceptional circumstances to support their request.

"The application is dismissed for failure of the accused to prove exceptional circumstances to court to warrant them bail," Kibula earlier ruled. The exceptional circumstances include being of an advanced age (above 50 years) and suffering an illness that cannot be treated by prison authorities.  

Kibula further noted that Joseph and Munwangari had no fixed place of abode.

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, a community development officer, employed by a local non-governmental organisation.

Kanyamunyu is suspected to have shot Akena, 33, in the stomach over the denting of his car. Akena died a day after at Norvik Hospital, on Bombo Road in Kampala.

On November 22, last year, the accused were charged with the murder of Akena. According to the Penal Code Act, murder convicts face a death penalty.

In his statement to the Police, Kanyamunyu denied 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.

However, John Paul Nyeko, a relative of the deceased, earlier said his cousin made a dying declaration in which he pinned Kanyamunyu for shooting him in the Forest Mall parking yard.