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    High Court Denies Dr. Kizza Besigye Bail, Questions Why His Wife Byanyima Was Added Among Sureties…

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    Besigye and Mukaku in the Dock while Byanyima looks on infront of the dock

    High Court has denied Four-time presidential candidate, Dr. Kizza Besigye and former Democratic Party (DP) mobiliser Samuel Lubega Mukaku bail claiming that their applications were brought prematurely before court.

    While delivering the ruling, from Justice Tadeo Asiimwe, court registrar, Didas Muhumuza, told the applicants that they should have filed this application before the Chief Magistrate before coming to the High Court.

    “Being dissatisfied with the decision, the applicants filed a fresh application for bail in this court by the law of notes of motion under Article 23(6) A and 28(3) A of the Constitution and Section 75(4) and Section 77(3) of the Magistrate Courts Act.

    “The applicants filed written submissions which were adopted on record and proceeded to present sureties which were not objected to and hence substantial”

    “Once bail is refused by the Grade One Magistrate, a new application is filed before the Chief Magistrate and once bail is refused by the chief magistrate, then a fresh application is filed before the High Court,” Muhumuza read Justice Tadeo’s ruling.

    The ruling further read, “In my opinion, Section 77(3) doesn’t create a concurrent jurisdiction between the High Court and the Chief Magistrate court as counsel for the applicants wants this court to believe.

    “The Rules of Procedure in the books of law are intentional to avoid unnecessary applications and to avoid opening flood gates of unnecessary matters moving in the High Court before exhausting the available remedies in the lower court.

    “Such procedures would lead to interfere with the judicial processes of the lower courts and inviting premature causes in the High Court and creating unnecessary backlog.

    “Therefore, the applicants should have filed this application before the Chief Magistrate before coming to the High Court.”

    He divulged further that there is also an option of returning to the Grade One Magistrate who is trying the case.

    “It is the filing of this court that this application was brought prematurely before this court and therefore there is no need to go to its merit,” he added.

    He ruled, “For the above reasons, this application is hereby dismissed, the applicants are free to file a fresh application to the Chief Magistrate court if they so desire.”

    Some of the people who attended Besigye’s bail hearing

    WHAT WAS SAID DURING THE HEARING

    Before the ruling was made, State Attorney, Wanamama Isaiah dissected Section 75 which deals with bail in the Magistrate court noting that where bail is not granted at section 75, the magistrate shall record the reasons as to why bail is not granted, inform the applicant of his or her point to apply for bail in the High Court as the circumstances may require.

    He also emphasized that the applicants have not availed their complaints to the Chief Magistrate and therefore he couldn’t have exercised his role on the matter.

    “In other words, the applicants should have come to this court with a ruling from the Chief Magistrate showing that they have been denied bail where there is a bail suit and that avail this matter with a right (to be ruled in this court).”

    BESIGYE LAWYERS

    Besigye and Samuel Mukaku’s lawyers, Samuel Muyizi, Bowe Ivan, Abdallah Kiwanuka and Earnest Kalibbala started by citing Article 23 of the Constitution which provides for the protection of the right to liberty.

    “The 1995 constitution is a culmination of Uganda’s troubles in case the forces of tillery, oppression and exploitation brought about by political and constitutional instability. This is why the preamble in the constitution is stated as it is,” Samuel Muyizi, who is Besigye’s lead lawyer said.

    Dr. Kizza Besigye (R) and Samuel Mukaku (L) in court today

    Justice Tadeo interjected Besigye’s lawyers and told them that they had nothing to present, and asked them to present their sureties.

    Muyizi then presented three sureties on Besigye’s side who included Deputy Mayor of Kampala, Doreen Nyanjura, Mugume Roland, Member of Parliament for Rukungiri Municiplaity and Winnie Byanyima, wife to Dr.Kizza Besigye.

    Justice Tadeo however questioned the presence of Byanyima among the sureities wondering how they added her on the list since she was not on the the original list submitted.

    Lawyer Bowe Ivan explained who Byanyima is and why she was added to the sureties.

    Bowe said that Byanyima is a partner to the accused person (Besigye), and the Executive Director for the Joint United Nations Programme for HIV/AIDS since 2019 and also a former Member of Parliament.

    “The surety brought before this honourable court is credible and the fact that she is a partner to the accused, she has the capacity to remind the accused person of his obligations to attend this honourable court as and when he is required,” he said.

    He further added that there is no time on record that the surety has forgotten to advise the accused person of his obligation.

    Bowe’s partner Muyizi went ahead to introduce Mukaku’s sureties who included Dr. Lulume Bayiga and Daniel Onekari.

    Mukaku and Besigye were arrested for protesting over skyrocketing commodity prices.

     

    By Kalamira Hope

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    NATIONAL

    Security On High Alert After Sunday ADF-Linked Bomb Blast Near Uganda, DR Congo Border

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    Uganda security agencies have been put on high alert after a bomb linked to the Allied Democratic Forces – ADF went off yesterday near Uganda, Congo border.

    The incident in the Eastern DRC happened at Pentecostal Church in Lhubirira, an immediate town located 4kms after Mpondwe border point. At least 10 people died on the spot and 47 others suffered injuries.

    “The terror attack shows that terrorism can occur any time and anywhere, and further reminds us all of the terrorist threats that we face as a country. Because of the existing threat environment, our Joint Counter terror task teams from CMI, Crime Intelligence, Counter terrorism, CID in coordination with territorial units, continue to operate with a heightened state of readiness. It is approximately, 425days, since the double terror task at CPS and Kampala Avenue that have led to several investigations, multiple arrests and recovery of an assortment of dangerous weapons. So far, 18 guns have been recovered, 1 PK gun and 116 PK rounds, 1 pistol, 7 IEDs, 21 electronic detoriators, 52 explogel explosives, 2 Axel blades, 2 emulsion explosives, an assortment of bomb making materials, walkie talkies, mobile phones, 185 other types of ammunition, and motorcycles etc. In addition, a total of 57 suspects (terrorists and rebels) have been arrested,” Police Spokesperson who doubles as the Joint Security Spokesman told the media in Kampala on Monday.

    And while those disruptive operations present a positive step in securing the safety of Ugandans, Enanga says that “there is still work to identify ADF cells of agents, collaborators, operatives and sponsors within the country.”

    “Several measures have also been put in place, to avert any hostile infiltrations and attacks at Mpondwe border and all other crossing points. For instance, we have stopped the movement of cargo and passenger boats across Lake Albert, intensified patrols in Bugoma forest and across the borderlines, bolstered security at major installations, markets and parking yards, and intensified intelligence on several targets among others,” he said.

    Enanga, however, asked the public not to be alarmed “by these steps because it is meant for their safety.”

    “We would like to further remind the public that the threats of terrorism are real, especially on soft targets, which are many and sometimes difficult to defend, especially restaurants, markets, shopping centres, public transportation hubs like taxi and bus parks, places of worship and other crowded places etc. as a result, we call upon the public to be extra alert and vigilant, as they go about their activities. Remember, the best defence against any terrorist threats is our collective community effort. Once again, please be alert but not alarmed. And report any suspicious behaviour or activity to the nearest police unit or security agency.”

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    NATIONAL

    City Babe Who Offered Room For Cousin & Her Boyfriend Arrested For Double Murder

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    The police are investigating circumstances under which two young adults died in a fire at Jinja-Nabweru on Thursday evening.

    The deceased have been identified as Patricia, 24, and Kajumba, 27.

    Findings show that the lovers visited Suzan Keitesi, 24; a cousin of Patricia on Thursday morning. Keitesi is a resident in an apartment at Jinja Kawempe Zone A, Jinja Kawempe Ward in Nabweru Division.

    However, the pair were found dead on Thursday evening in a suspicious manner, while Keitesi was rushed to a nearby clinic and later Kawempe hospital for first aid. She was later discharged that day.

    Suspecting foul play, detectives attached to Kawempe Police Station interacted with Keitesi on her hospital bed. Her statement looked uncoordinated. She has been detained as further investigations continue.

    Deputy Police Spokesperson Luke Owoyesigyire says Patricia and her boyfriend are suspected to have been murdered.

    “We have reserved the scene for further examination by officials from National Building Review Board, UMEME, and other stakeholders, to ascertain the exact cause of the fire. 

    Whereas the tenant had a gas cooker, it was in a store and it remained intact,” Owoyesigyire said. “We have however arrested Kaitesi Suzan on allegations of Murder as investigations continue.”

     

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    NATIONAL

    Aponye MD Harold Byamugisha Still Missing – Security

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    Police are searching for the Managing Director of Aponye Uganda Limited who went missing on Sunday night.

    Harold Byamugisha is said to have left home on Sunday dressed casually, promising his wife that he was to return.

    “The wife says he left home in a yellow shirt and white shorts. She said he called her around 11pm and informed her that he could return home in 20 minutes. He didn’t return,” Deputy Kampala Metropolitan Police Spokesperson Luke Owoyesigyire told the media yesterday.

    Byamugisha’s family has also put up an announcement, promising a Shs5m reward to anyone who can help them find him.

    “He was last seen in Ntinda on Sunday…driving his motor vehicle, a Range Rover, white in colour number UBF 017D. This is to inform the general public that whoever has any idea of his whereabouts, please call us on 0775363017, 07770611435 or report to the nearest police station. A reward of Shs5m is available,” the notice reads in part.

    But while reports emerged Friday morning that he had been found, security sources say Byamugisha is yet to be found.

    “He called us yesterday and said he is okay. But the wife who reported the case hasn’t physically seen him,” a security source said.

    Owoyesigyire says Byamugisha is still missing.

    “To us, he is still missing,” he said. “So, we are still looking for him and he is not safe and sound like he said.”

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