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Court warns AG, Police on Kyarenga concert case

By Farooq Kasule

Added 1st October 2019 04:02 PM

The Civil Division of the High Court judge sounded the warning Tuesday after AG’s representatives failed to turn up in court for the hearing of the case.

Court warns AG, Police on Kyarenga concert case

Kyandondo East MP Robert Kyagulanyi. (File photo)

The Civil Division of the High Court judge sounded the warning Tuesday after AG’s representatives failed to turn up in court for the hearing of the case.

COURT

KAMPALA - Justice Lydia Mugambe has given the Attorney General one month to respond to a petition in which music promoters seek orders, restraining Police from blocking Kyarenga concert, lest she decides the case.

The Civil Division of the High Court judge sounded the warning Tuesday after AG's representatives failed to turn up in court for the hearing of the case.

"Serve them with the hearing notices again. If they fail to adhere to it, come back to court and I will decide it my way," she warned before adjourning the case to October 31.

The court heard that the Inspector General of Police Martins Okoth Ochola and AG William Byaruhanga have never filed defence in respect to the matter, despite court summons in May.

Court registrar, Sarah Langa had directed the duo to file a defence within 15 days from the date of summons.  

Abby Musinguzi and Andrew Mukasa claim that the indefinite suspension of concerts involving Kyadondo East MP Robert Kyagulanyi aka Bobi Wine has not only caused them irreparable loss but is also illegal and amounts to abuse of power.

Musinguzi is the proprietor of Abtex productions while Mukasa is the managing director of Bajjo events and Marketing agency limited.

The duo claim that on April 19, this year, the Police without justifiable reasons indefinitely suspended their Kyarenga Extra concerts despite fulfilling all the requirements imposed on them.

According to Musinguzi, they were required to produce clearance to use the intended venues, a detailed program for each activity, ambulance facilities and a list of performers at each venue which they allegedly fulfilled on time but the Police went ahead to stop their concerts.

Represented by Lukwago and company advocates, the duo contends that the Police directive on Kyarenga concerts was made in violation of their right to a fair hearing guaranteed under Article 28, 42 and 44 of the Constitution.

They want court to issue an order of mandamus directing the Police to provide security at their concerts instead of blocking them.

They claim that they entered into agreement with Bobi Wine to perform in their concerts at sh230m and made advanced non-refundable payment to him but in vain due to the Police's impugned directives.

"On March 25, 2019, we wrote to the IGP requesting for security at the said concerts as required under the law. The IGP wrote back to us setting out conditions we should fulfill before our concerts could be cleared.  We fulfilled the conditions but we were upset when on April 19 he directed us to immediately suspend them without advancing any reason to that effect," Musinguzi contends.

They also want court to declare that their arrest and detention by Police without allegedly genuine cause at Busabala beach on April 22, 2019 as amounted to violation of their right to carry out business contrary to Articles 20, 23 and 40 of the Constitution.

According to their lawyer Erias Lukwago,   the conduct of the Police throughout the entire process was fraught with irrationality, illegal, tainted with procedural impropriety, made in bad faith and amounted to the violation of the applicant's freedom to liberty and economic rights guaranteed under the Constitution.

Lukwago says that the petitioners are not obliged under the law to seek Police clearance under the Public Order Management Act but only to inform it about their event.

Musinguzi explained that their major aim is not about getting damages but enforcement of their human rights as Ugandans.

"We have not come here majorly for money but protection of our rights by the court. If court finds that we deserve damages, it will be its consecration," Musinguzi noted.

 

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