Court rules Kwoyelo trial must proceed

Nov 23, 2017

He was captured in 2009 from DRC and faces charges of murder, hostage taking, kidnap with intent to murder, aggravated robbery among others

The International Crimes Division Court has declined to grant a request by the former LRA Senior commandant Thomas Kwoyelo to unconditionally release him from Luzira Prisons on claims of a defective indictment by the Directorate of Public Prosecution (DPP).

Justice Susan Okalany has instead upheld the indictment in which Kwoyelo is charged with 93 counts that stem from the 20 year political insurgency in Northern Uganda.

Kwoyelo though his lawyers Caleb Alaka and Evans Ochieng in order to block his trial, had raised several objections accusing the DPP of charging him with offences that he allegedly committed before the indictment of the international criminal laws and duplicating his offenses among others.

However, Okalany has concurred with the submissions of DPP's attorney Richard Kamuli that even though Kwoyelo allegedly committed the offenses between 1992-2005, before the establishment of the International Crime Division's procedural rules, he must be answerable for them as the law provides for retroactive charging in matters drawing their jurisprudence from an international setting.

Okalany on Wednesday ruled that Kwoyelo is properly charged before the court for offenses of murder, rape, sexual enslavement, taking hostages and torture of people in IDP camps and that she will proceed with her pre-trial session on December 4th, 2017 in which she will decide whether to confirm the said charges against Kwoyelo.

Kwoyelo was captured in 2009 from DRC and faces charges of murder, hostage taking, kidnap with intent to murder, aggravated robbery among others.

Prosecution states that between 1993 and 2005 in the present day Amuru district in Northern Uganda, Kwoyelo with others still at large being a commander of the LRA directed an attack to murder and kidnap civilians who were taking no active part in the hostilities. 

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