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I Want Shs.10 Billion: New Details Emerge Why Gashumba Has Decided To Drag Army Bosses To Court Over His Arrest And Detention….

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Lt. Col. Akiiki and Gashumba (R)

Kampala businessman and Sisimuka Uganda boss Frank Gashumba through his lawyers of Kaganzi & Co Advocates and M/s Denis Nyombi & Co. Advocates has threatened to drag the Deputy Spokesperson of the Uganda People’s Defence Forces (UPDF) Lt. Col. Deo Akiiki and Deputy Director of the Chieftaincy of Military Intelligence (CMI), Brigadier C.K. Asiimwe to court over his wrongful arrest.

It should be noted that in 2017, Gashumba was arrested and detained by the Military Intelligence after he went to CMI headquarters in Mbuya to check on his brother Innocent Kasumba alias Simon Mutabazi who had earlier been arrested for allegedly impersonating the Ministry of Defence officials.

He was later arraigned in court but Buganda Road Grade One Magistrate, Ms Stella Amabilis, dismissed the charges of fraud, forgery of documents and unlawful possession of drugs against Gashumba citing ‘lack of prosecution’ after the state failed to present a single witness but kept on asking for an adjournment.

In a letter dated Monday 29th June 2020, Gashumba wants Akiiki and Assimwe, in their personal capacity to Pay him UGX 10,000,000,000/- (ten billion Uganda Shillings) as compensation for the loss and injury they caused to him during his arrest, detention and prosecution.

“On Monday, 30th October 2017 you wrongfully arrested our client at CMI offices in Mbuya; where he had gone to check on his brother; who you had arrested and kept incommunicado from Saturday. 28th October 2017. Our client’s arrest was allegedly premised on accusations that he had committed several crimes whose details you did not bother to disclose to him at the time of his arrest,” the letter reads in part.

He adds, “Despite the false nature of these allegations/accusations, you kept our client and his brother incommunicado and in illegal detention without producing them in a court of law beyond the 48 (forty eight) hours prescribed under the laws of Uganda During this time, you visited upon our client several other gross violations of his inherent fundamental human rights, including; carrying out an illegal search of his home and office premises, photos of which were taken and wantonly released to the press and published.”

“In further unmitigated and deliberate violation of our client’s inherent fundamental human rights, on Wednesday 1st November 2017 you wrongfully/illegally paraded our client and his brother while barefooted and in handcuffs, before the media/press. During this press briefing/public shaming exercise which was broadcasted live on major TV stations and online, several false allegations of commission of crimes were levelled against our client and the press was presented with several items and false claims to the effect that our client was using these items for criminal activities. Premised on your fore mentioned actions, our client’s photos and stories about him; with several unfounded and false allegations of criminal activities, were run by several print, radio, television and online media. These false allegations/accusations finally culminated in an ill-fated, spurious criminal court case vide Chief Magistrates Court of Kampala Buganda Road Criminal Case No. 925/2017 which was rightfully dismissed on the 7th day of November 2019.”

Gashumba says that the actions of the accused were deliberate, malicious and intended to dehumanise and irreparably tarnish our client’s good reputation in every sector of his livelihood.

“Consequent upon your fore mentioned acts and omissions, our client has suffered and continues to suffer gross injustice, severe damage to his good name/reputation, public shame/ridicule, untold mental anguish and significant economic loss, which you are jointly and severally liable to remedy.

Our client therefore demands that you immediately undertake the following remedial actions; Pay to our client the sum of UGX 10,000,000,000/- (fen billion Uganda Shillings) as compensation for the loss and injury caused to him by your fore mentioned actions/omissions,” he says.

Gashumba on Thursday released a statement in which he accussed Lt. Col. Deo Akiiki and Brig. C.K. Asiimwe of assuming the roles of judge, jury and executioner and causing terrible injuries to his livelihood and societal standing.

“The duo conspired and abused their esteemed positions in our country’s military institutions to torment me without any basis in law or fact, contrary to the constitutional and statutory mandate of these public bodies,” he noted.

When theGrapevine talked to Denis Nyombi of M/s Denis Nyombi & Co. Advocates, he said that they were instructed by their client to drag Akiiki and Assimwe to court.

However, a source close to Frank Gashumba disclosed to theGrapevine why Gashumba has decided to run to court now.

“It hurts Frank when people refer to that incident like Katikkiro Mayiga did and call him names. He now wants to clean up his image because everything that was done was illegally planned. That is why his accusers could not produce the evidences that they paraded before the media in court and that is why the case was dismissed. If indeed they had the evidence, why didn’t they produce it before the magistrate?”

Another source close to Gashumba disclosed that, “Frank and another big person (names withheld) in the Ministry of Finance we chasing a big deal in Sudan. The deal was about to mature, so this person decided to use some officers to have him inside the coolers for a week because by that time, the deal would have matured and he would be out. And indeed, he lost the deal.”

When we contacted Lt. Col. Akiiki for comment, he told us that he was busy but promised to get back to us. We could however not get to Brig. Assimwe for comment.

Gashumba and his brother upon arrest

GASHUMBA NARRATES ORDEAL:

On Monday, October 30, 2017, I learnt that my brother, Innocent Kasumba, had been abducted from his residence in Buziga and was in detention at the CMI Headquarters. I made my way there to establish the reasons for my brother’s predicament, only to be arrested and detained on the apparent orders of the aforesaid Brig. Asiimwe.

The following morning, I was transported to my home in Ggaba by over ten heavily armed and menacing operatives in a manner that is reserved for hardened criminals and terrorists of international infamy.

In combat style, the operatives took positions around my home. Without warrants, they entered and ransacked every room as they searched high and low for undisclosed items. Several photographs, including those of some members of my household were taken, ostensibly for “evidence gathering.

The same horror was visited on my office in Industrial Area that same morning where upon arrival, the entire floor that houses my working space was cordoned off, preventing others from accessing or leaving their suites on the floors above and below. Box files, computer drives and documents were rummaged and sequestered, upon departure. Curiously, a photojournalist from Vision Group appeared and enthusiastically took pictures of the surreal scene. Throughout this ordeal, I was bound by handcuffs which were not removed even when I sought to ease myself. I spent the night in detention at the CMI cells in Kireka. No access had been granted thus far to my lawyer or any of my family members.

The following day, at 1.00PM or thereabouts, my brother and I were handcuffed and spirited by a double cabin truck to the UPDF General Headquarters in Mbuya. Shortly before arrival, the accompanying operatives ordered us to take off the bathroom sandals we were wearing and disembark the vehicle, barefooted. We were led to a room where a forest of microphones and an array of flashing cameras were waiting, as journalists and reporters accosted us with questions and all manner of commentary. The aforesaid Lt. Col. Akiiki addressed the live press conference and showcased an assortment of items purportedly recovered during the warrantless searches of my house and office the day before—among them passports, stamps and marijuana—none of which I had ever seen. We were under unequivocal instruction not to utter a single word to the press corps or anyone else for that matter.

Having been charged, tried, convicted and sentenced in the media without so much as a hearing, we were whisked back to the detention facility in Kireka. Five days later, on Friday morning, in a spectacular reversal of the rules of criminal procedure, due process and natural justice, my brother and I were taken to the Central Police Station (CPS), and after two or so hours, arraigned at Buganda Road Chief Magistrate Court.

An astonishing twenty-eight (28) counts were proffered against me and bail was thereafter granted. To say that I was dumbstruck by these prejudicial actions is an understatement. Amongst the bail terms was a fortnightly appearance which I have honoured no less than twenty-two (22) times.

For all the theatrics that the authorities engaged in during my arrest and detention, including the alleged recoveries of items at my residence and office, no single witness or material evidence has ever been presented or adduced by the prosecution. Inevitably, the case was dismissed on November 7, 2019. With the benefit of hindsight, it is more than apparent to me and any observer that the events narrated above were orchestrated to embarrass, demean, and demonise me in the court of public opinion. Consequently, not only have I suffered mental anguish and derision but have also lost out on numerous commercial undertakings and incurred financial loss. Lt. Col. Deo Akiiki and Brig. C.K. Asiimwe assumed the roles of judge, jury and executioner and visited these terrible injuries to my livelihood and societal standing. The duo conspired and abused their esteemed positions in our country’s military institutions to torment me without any basis in law or fact, contrary to the constitutional and statutory mandate of these public bodies.

 

By Grapevine Reporter

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I Swear Upon God It Wasn’t Me: Saleh Distances Himself From Ndeeba Church Demolition Before Kazimba…

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Gen. Salim Saleh, the coordinator of Operation Wealth Creation (OWC) has distanced himself from the demolition of St Peters Church Ndeeba in Kampala.

There were media reports that had started linking Saleh as the invisible hand funding Dodoviko Mwanje, the man who facilitated the demolition of the church.

While addressing the House of Bishops led by Archbishop Stephen Kazimba at Kawanda Research Institute, Saleh said that he was saddened by allegations that he was behind the extinction of the church.

“I’m (always) here in Kapeeka, I haven’t got time to respond, I’m hearing Saleh you are grabbing land, am I a mad person to grab a church? So for that matter, I want to swear before you the Bishops and Archbishop that in the name of God I’m not involved in that church demolition issues,” Saleh assured the House of Bishops from the Anglican faith on Wednesday.

 

By Grapevine Reporters

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I Want To Look At Bobi’s Academic Papers, Someone Born In  1982 Cannot Join Primary One At Two Years Of Age! – Mabirizi Questions EC Over Kyagulanyi Nomination…

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Contentious city lawyer, Male Mabirizi has petitioned the Electoral Commission to avail him with the academic documents of Kyadondo East Member of Parliament (MP) and National Unity Platform (NUP) leader, Robert Kyagulanyi Ssentamu alias Bobi Wine.

On Tuesday, The EC announced that Kyagulanyi was among 8 other candidates picked nomination forms to stand for presidency, taking the total number of applicants to 19, after 10 others collected theirs on Monday.

In a petition dated 10th/August/2020, Mabirizi wrote to the Electoral Commission secretary requesting for certified copies of Kyagulanyi’s nomination academic papers for the Kyadondo East by-election, in which the latter eventually emerged victorious.

The introductory part of the petition read; “I address you in my capacity as a civically active Uganda well aware of your constitutional duty as elaborated under Article 61(1)(d) of the Constitution to organize, conduct and supervise elections and referenda in Uganda and you indeed held a bye-election in Kyadondo East bye-election where Robert Kyagulanyi participated as a candidate and declared winner and now a sitting Member of Parliament.”

The lawyer noted that section 4(3)( C) of the Parliamentary Elections Act ,2005 provides that a person is only qualified to be an MP if that person has completed a minimum formal education of at least Advanced level standard or its equivalent of the Ugandan Education system, a fact he says he wants to prove.

Mabirizi persisted that the EC must have therefore have been availed with his academic documents to prove Kyagulanyi completed the Uganda Advanced Certificate of Education or its equivalent before nominating him. Mabirizi now demands to have a look at the NUP leader’s papers.

“The required documents are required to satisfy my doubts that the said Kyagulanyi Robert Ssentamu possesses the said qualifications given that as per his details via the parliamentary website, he was born in 1982 and sat A- level in 1998. Implying that if the birth year is true, he sat A-level at 16 years, O-level at 13 years PLE at nine years and joined primary one at two years,” Mabirizi insinuated.

The lawyer insisted that his doubts can only be satisfied by looking at the academic documents tendered to the Electoral Commission in 2017 at nomination prior to the Kyadondo East by-election.

Robert Kyagulanyi is currently legally battling allegations of illegally obtaining, taking over and changing the National Unity, Reconciliation and Development Party (NURP) into the National Unity Platform and later assuming it’s presidency.

The provocative lawyer has in the past been notably known to contentiously dare the head of state, the state itself and various state officials to legal battles in the courts of law. And for a traditional Muganda man who has petitioned his cultural leader before, Mabirizi’s latest move is significantly so typical of him. For many however, mostly Kyagulanyi’s fanatics have deemed his action as an attempt to seek relevance to shelter his ambitious political career, on a hint that he could vie for the upcoming 2021 general election.

 

By Baron Kironde

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You Cannot Pay Katureebe For Doing Nothing – Mabirizi Challenges Former CJ’s Retirement Package, Stands In Matembe’s Way Back To Parliament….

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L-R: Matembe, lawyer Mabirizi and former CJ Bart Katureebe

Controversial city lawyer Male Mabirizi Kiwanuka has asked the East African court of Justice to stop the election of the five representatives of the elderly and the elections in the new 46 constituencies until his main suit is determined.

Mabirizi petitioned the regional court challenging the bills passed by parliament and accented to by the president during the COVID19 lockdown.

He insisted that all the bills which include the parliamentary elections Amendment bill which turned into an Act, the passing of the Uganda Administration of the Judiciary Bill which turned into Act, the passing of shs1.8trn supplementary budget on the 25th of June 2020, the Uganda Minister of Justice and Constitutional affairs making and Uganda parliament approval of the Republic of Uganda’s political parties and Organization Conducts of meetings and Elections Regulations 2020 and President Yoweri Museveni’s appointing of Dorothy Kisaka as the new Executive Director of Kampala Capital City Authority (KCCA) all contravene the constitution of Uganda and the East African Treaty.

Former ethics and integrity Minister Miria Matembe has declared interest to contest for one of the five seats to represent the elderly in the eleventh parliament.

She revealed that God told her to put all other assignments aside and go back to parliament to represent her fellow old people something that lawyer Mabirizi says is illegal.

In his petition to the regional court, Mabirizi claims that the decision of the parliament of Uganda and president Yoweri Museveni through assent, to commit colourable legislation by amending article 78(1) of the constitution, altering the composition of parliament as stated there under by creating the five seats for elderly persons through the parliamentary elections amendment bill 2020, are lawful and infringements on the fundamental and operational principles of the East African Community  which include good governance including adherence to the principles of democracy , the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights.

Mabirizi insisted that the bill was passed without quorum, public participation or debate and the bill for amendment of the constitution.

The controversial lawyer also challenges the passing of the Judiciary Administration bill 2020 because there was no quorum in the house.

“Section 29 grants retirement benefits to surviving spouses and dependent children of the deceased judicial officer for 15 years which defeats the principles of good governance, equity before the law and common sense,” Mabirizi stated.

He wondered in his petition why the retiring judicial officers are given salaries and other benefits equivalent to those of the serving judicial officers when the retired one is no longer working.

He also challenged section 20 which allows judicial officers to work in other institutions contrary to Article 128(1-2) of the Constitution since this creates a window for the president to compromise judges through such appointments.

Mabirizi insists that section 5(d) and 18-12 give the judiciary council a function to maintain ethics and integrity within the judiciary and set up an inspectorate of courts within the judiciary, contrary to Article 147(1)(b) of the constitution which prescribes one of the functions of the Judicial Service Commission as to receive and process people’s recommendations and complaints concerning the judiciary and the administration of justice and generally to act as a link between the people and judiciary.

He noted that the establishment of the judicial service in the new law contravenes Article 148 of the Constitution which provides that the Judicial Service Commission may appoint persons to hold or act in any judicial office other than the offices specified in article 147(3) of the constitution and confirm appointments in and exercise disciplinary control over persons holding or acting in such offices and remove such persons from offices.

He further revealed that the new law creates the secretary to the judiciary to be appointed by the president under article 174 of the constitution contrary to Constitutional court decision which held that being an independent arm of government , the judiciary cannot have its secretary appointed by the president.

He further explained that it’s very clear in the constitution that parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or judgment.

In the same suit, Mabirizi also challenged the creation of the 46 new constituencies saying they were passed without quorum, without debate and without suspension of parliamentary Rules of procedures requiring debate which is contrary to article 63(2) of the constitution which requires the demarcation to be made by the electoral commission, article 63(3).

He added that the Constitution requires the electoral commission to review the division of Uganda into constituencies within twelve months after the publication of results of the census of the population of Uganda and may as a result redemarcate the constituencies.

 

By Sengooba Alirabaki

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