CRIME

Attorney General Challenges Deceased Lawyer Kasango’s Landmark Judgement To Supreme Court To Save Justice Byabakama, Abodo’s Juicy Jobs…

Published

2 years ago

March 26, 2021

The Attorney General, William Byaruhanga who is also the Government’s chief legal adviser has challenged the landmark judgement made by the five Justices of the Constitutional Court in late Bob Kasango’s Constitutional petition against Justices and Judges who takeover Executive offices without resigning from the Judiciary in the Supreme Court.

Five justices of the Constitutional Court were convinced by Kasango’s (deceased) argument that the appointment of Justice Mike Chibitta, the former Director of Public Prosecution(DPP) who sanctioned criminal charges against him without resigning from the Judiciary was unlawful and void.

He submitted that the Judge’s appointment undermines the independence of the Judiciary and the principle of separation of power that the Constitution requires. In their unanimous Judgement, the Justices stated that; “The appointment and actions of a Judge to any other Constitutional office prior to his or her actions are invalid,” as ruled by Justice Kakuru.

However, in his application, the Attorney General asked the Court to stay the implementation of the Constitutional Court Judgement which directs Judges in Constitutional offices to resign their judicial offices or return back to the judiciary. The Attorney General said that the Court orders have far-reaching implications as they are meant to cripple prosecution of the suspected criminals.

The Attorney General based on the affidavit of Vincent Wagona, a senior prosecutor in DPP’s office who states that the orders render the office of the DPP unable to perform its functions enshrined under Article 120 of the Constitution and hence creating a legal lacuna in the delivery of criminal justice.

He pleaded to the Court that there is a need to preserve the status quo, otherwise all pending cases for decision are likely to be stayed owing to the absence of a substantive DPP.

The application comes after Justice Jane Frances Abodo the DPP stepped aside until the Appeal is determined by the Supreme Court. Now the DPP’s office is being run by Alice Komuhangi Khaukha in acting capacity.

The other affected Justice is Justice Simon Mugenyi Byabakama, the chairperson of the Independent Electoral Commission who didn’t resign from the Judiciary.

President Yoweri Museveni appointed Justice Byabakama when he was serving as the Constitutional/Court of Appeal Justice.

Meanwhile, Kasango, who passed on weeks back is yet to be laid to rest.

For almost a month Kasango has not been buried since he died of heart failure in February as he was being driven from Luzira Prison where he was serving a 15-year jail term to Mulago Referral Hospital for better treatment.

Kasango was pronounced dead by prison authorities, and plans to burry him were made, not until towards his burial when the police had to intervene in a fight between Kasango’s relatives, arising from a conflict over where he should be buried, involving the side of the deceased’s parents and his wife’s family.

After a prolonged legal battle, the Family Division of the High Court presided over by Justice Lydia Mugambe today afternoon ruled, and directed that the remains of lawyer Bob Kasango be buried in Fort Portal.

The judge noted that the burial should be done within four days from today, amidst tight security. She directed that Police and other local authorities should ensure the burial ceremony is conducted peacefully, and also gave special orders that the deceased’s mother be allowed to attend the burial.

By Alirabaki Sengooba

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CRIME

NUP Women Protestors Granted Bail

Published

19 hours ago

March 20, 2023

Grapevine Uganda News

Women Protestors belonging to the National Unity Platform (NUP) have been granted bail by Law Development Centre (LDC) Court.

The Protestors who held a protest on women’s day were granted a case bail of Shs100,000 on March 20th. This followed a production warrant to produce them in court before March 29th, the initial day they had to be arraigned in court.

The 10 women were arrested on women’s day during a protest in which they demanded for the release of political prisoners, called for stoppage of torture and abductions.

These include Kyeone Stella, Nakiku Allen, Namtovu Milly, Nankya Fiona, Sselonga Rukia, Bulungi Jackie, Nantume Allen, Namutyaba Sylvia, Rwamto Apio Flavia and Nyanzi Elizabeth.

David Lewis Rubongoya, the general secretary NUP said it is unfortunate that freedom of assembly has been suppressed in Uganda.

“It is very unfortunate that the freedom of assembly has been taken away from Ug. We are happy that they hv been released on bail but we condemn the arrest of all those that have come out to protest and got arrested,”he said.

Hanifah Nabukeera, woman MP Mukono, who acted as lawyer of the accused said she was surprised by the cash court asked.

Nabukeera said court usually charges them exorbitant bail fees to fail their bail application which wasn’t the case today.

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CRIME

Truck Rams Into School, Kills 3 Students

Published

7 days ago

March 14, 2023

Grapevine Uganda News

3 people have lost their lives while 18 have sustained life threatening injuries following an accident at Kasaka Senior Secondary School in Gomba on March 14th, 2023.

A driver of a sino truck registration number UBL 790J lost control and rammed into Kasaka Senior Secondary School computer laboratory killing three on spot.

The deceased are S.5 student Evelyn Namagembe, Mawanda Bosco (s.2) and Asege Hilda a candidate in her form four.

The incident was confirmed by traffic police spokesperson Faridah Nampiima.

“It is alleged that the sino truck driver lost control and rammed into Kasaka Senior Secondary School fence, proceeded through to the school computer lab that was occupied by students, killing three students on spot and injuring other 18,” Nampiima said in a statement.

Nampiima further said that the truck driver Wanume Abudala, 26, has been arrested following the incident.

“We have arrested the truck driver a one Wanume Abudala a 26 year old,” she said.

The traffic police spokesperson says police is carrying out more investigations on the incident.

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CRIME

UPDF Soldier Faces 40 Years Jail Sentence For Murder

Published

7 days ago

March 14, 2023

Grapevine Uganda News

Uganda Peoples Defence Forces (UPDF) soldier Corporal Franco Okwi has been remanded to Arua main government prison in Arua city for 40 years for the murder of a civilian at Bondo Military barracks in Arua district.

RA185000 corporal Franco Okwi, a soldier attached to the 57 Battalion under 409 Brigade was sentenced by the Fourth Division Military Court Martial on Monday having pleaded guilty to the murder of Philliam Shida.

On December 25, 2022, Corporal Okwi shot dead Philliam Shida. Shida approached Okwi who was on duty at a small gate of Bondo military barracks. The two had a misunderstanding leading to a shooting that claimed the life of the former.

According to the postmortem report presented before the court, the deceased died due to severe bleeding caused by gunshot wounds on the lower buttocks
The fourth Division Military Court martial chairman, Col. George Nambafu said that there was no justification for the convicted soldier to use a gun to shoot an unarmed civilian whom he is mandated to protect by law.

Col. Nambafu sentenced Corporal Okwi to 40 years in jail. The convicted can appeal the ruling by court within the next 14 days.