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    Inside Tycoon Nsenga Widow’s Supreme Court Legal Fight To Survive 20 Years Imprisonment For Killing Husband…

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    Jackline Uwera Nsenga (Courtesy photo)

    Beautiful Jackline Uwera Nsenga, the widow to fallen city businessman Juvenal Nsenga still maintains her innocence as she starts her final legal battle to retain her freedom after being convicted and sentenced to 20 years imprisonment by the Criminal Division of the High Court and the Court of Appeal respectively on charges of killing her husband.

    On Thursday, Nsenga appeared before Supreme Court justice Christopher Madrama and was told to file her memorandum of appeal and submissions by 3rd July 2023.

    Sam Oola, the Senior Assistant Director of Public Prosecution who represented Justice Jane Frances Abodo, the Director for Public Prosecution (DPP) was directed to respond to Nsenga’s appeal on 10th July 2023.

    Nsenga insist that the Criminal Division of the High Court judge Duncan Gasagwa and Court of Appeal Justices led by then Deputy Chief Justice, who is currently the Chief Justice Alfonse Owiny Dollo, Justice Elizabeth Musoke and Justice Cheborion Barishaki erred in law and fact to convict and sentence her.

    She maintains that on the 10th January 2013 at Plot 6 Muzindalo Road, Bugolobi Nakawa Division in Kampala District, she never caused the death of her beloved husband Nsenga.

    Witnesses told Court that on the fateful day, at around 9pm, the appellant returned home and parked the car she was driving outside the gate and waited for time before going on to press the bell for their gate.

    When her husband came to open for her, she started the car and overrun the deceased.

    The deceased didn’t die immediately even though he suffered a lot of injuries. He was picked by the appellant with assistance from other people at home and taken to Paragon hospital in Bugolobi where he breathed his last.

    She further claims that both courts erred in law and facts to base her conviction and sentencing on the evidence of PW8 Munaku John Bosco, the scene of crimes officer, and PW10 Professor Mwakali, who were both involved in the reconstruction of the relevant incident at the scene of crime.

    She insists that PW10 told lies to court that the terrain was flat both on the inside and outside of the gate where she is being accused of committing a crime from.

    PW8 testified that the horizontal bolt of the gate was bent and there were blue paint marks on the gate as a result of the car hitting the gate.

    She notes that the evidence given by PW11 Mugimba Andrew, the Inspector of Vehicles who found out that none of the vehicle systems at the time of inspection were found defective was a lie.

    In his view, Mugimba told the Court that the accident where the deceased was killed was intentional because if it was not intentional the floor mat/carpet could not have caused any accidental acceleration.

    He added that the vehicle was in good mechanical condition after the collision and was fitted with modern gadgets, including obstacle sensors and automatic braking system.

    There is no evidence to suggest that the vehicle was defective in any way before the incident.

    The above evidence however was not contested by the appellant because the motor vehicle used in the murder was in proper mechanical condition and the appellant used the said motor vehicle to knock and move the deceased’s body for a distance of approximately 17.3 meters.

    The appellant is also contesting the evidence of Donat Kananura who told court that the deceased made a dying declaration that his wife had killed him. PW3 claimed that  Nsenga told him that Jackie had knocked him and it was not the gate.

    He further said that there is nothing else he told him since he had told him that the wife had knocked him.

    Joseph Kananura, another witness also testified about the dying declaration. He told court that the deceased told him that his wife had killed him at his own home.

    She also protests the evidence brought against her that there was a grudge arising from allegations of an extra-marital affair in their marriage.

    Court based on the evidence of PW7 who told court that the appellant confronted him with the deceased and angrily issued the statement and the incident in which the deceased was killed happened only twelve days later.

    The trial Court also considered marital acrimony as one of the pieces of circumstantial evidence offering corroboration to the dying declaration and the 32 threat.

    Witnesses added that the couple had lived an estranged life, slept in separate bedrooms, neither greeted each other nor discussed or did things together as husband and wife although the deceased provided for the accused and the family.

    They further allege that the accused merely tried to paint a very good and rosy picture of the marriage that they slept in the same bedroom, save for when the deceased was drunk and communicated to each other as husband and wife.

    The couple was married between 1994 and 2013 and were gifted with two children. The appellant insists that she cannot intentionally kill the father of her children.

     

    By Sengooba Alirabaki

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    Serial Litigant Wants High Court Judge Mutonyi To Be Sentence To Death By Hanging Or Beheaded For Failing To Post His Ruling On Judiciary Website…

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    Justice Margaret Mutonyi

    George Okello, the Resident High Court Judge of Gulu has issued a permanent injunction restraining and baring serial litigant Joseph Opiyo Otiiti from filing any other Court lawsuits against any judicial officer in Uganda.

    In his ruling dated 12th September, 2023, Judge Okello stated that whereas his court appreciates the right of every person to access courts, as observed in a plethora of cases, the matter before him was a very exceptional case in which Opiyo should be barred from continuing his reckless suits against judicial officers simply because they have decided otherwise in cases where he is involved.

    The shocking ruling resulted from an application filed by Opiyo against Vian Kwizera the Grade One Magistrate accusing him of violating his rights when he presided over a matter filed by Gulu Principle State Attorney Joseph Nyeko against him seeking a Court Order to subject Opiyo to mental examination.

    Opiyo sued the Magistrate for allowing Nyeko’s application to have him subjected to medical examination to determine his mental status as Stated under Section 50 of the Mental Health Act 2018.

    Opiyo also accused the magistrate of violating his right when he delayed the quick hearing of his application challenging the staying of his cases in court until he was subjected to mental examination and court furnished with the medical report.

    He further accused him of refusing to give him the record of proceedings to help him challenge his ruling.

    In his application, Opiyo was also seeking aggravated damages of Shs350, 000,000 for defamation and for calling him a person of unsound mind.

    He further prayed that court recovers damages through attachment of 80% of the Magistrates’ salary and retirement benefits, until all his pending cases in court are concluded and finally executed.

    He further prayed for security for himself and his family for 50 years due to fear that he will be murdered.

    He prayed for the prosecution of the magistrate and other judicial officers who violated his human rights.

    The magistrate opposed the application through her affidavit denying all the allegations and explaining that she observed the applicant’s rights during all the judicial hearings.

    He added that none of the applicant’s rights were violated and he gave him all the records of the proceedings on the matter he presided over.

    Nyeko’s application to subject Opiyo to medical examination resulted from the numerous lawsuits filed against judicial officers including one he filed against Justice Margaret Mutonyi because she had upheld preliminary objection raised in a suit lodged by Opiyo against the Actions Against Hunger and the judge was sued together with two law firms of M.S M. Oyet and Company Advocates, Mumtaz Kassam Kassam Mumtaz and Moses Oyet lawyers of Action Against Hunger.

    The judge noted that it was wrong for Opiyo to sue judicial officers, lawyers and their law firms explaining that judicial officers and Advocates enjoyed immunity at common law for their conduct of litigation and that the action made against them by an unhappy litigant was barred.

    The case was presided over by Justice Stephen Mubiru who dismissed it with costs for being barred by law.

    Opiyo again instituted a lawsuit against Justice Mubiru for dismissing his case together with Justice Mutonyi who he accused of not posting the ruling she made against him on judiciary website.

    He pleaded to the presiding judge Alex Mackay Ajiji that Justice Mutonyi be sentenced to death by hanging or beheading over her actions of not posting his ruling on the judiciary website, which was an act of war against the Republic of Uganda.

    The presiding judge ordered in his ruling that due to compulsive behavior Opiyo exhibited in Court, the hearing of his numerous cases pending in court be stayed until a medical report is furnished as to his mental health status.

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    KCCA Top Boss Remanded To Prison Over Shs450m Fraudulent Deals…

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    Nakawa Chief Magistrates Court’s Ritah Neumbe Kidasa has remanded Hanniffer Mpuugu the deputy mayor Kampala Central Division over Shs450m fraudulent land deals.

    Court denied Mpuugu’s application seeking to be released on court bail based on the affidavit sworn by police detective Peter Abwona who pleaded to the magistrate not to release her claiming that she will jump the bail.

    In his affidavit presented to court by Doreen Erima the State Attorney, Abwona told Court that when the accused person was arrested by Kira Road police operatives in August 2022 on the said file, she was given police bond which she violated and declined to report back to police as one of the conditions given to her when released.

    Abwona said that Mpuugu’s file was forwarded to the Resident State Attorney for sanctioning and was later taken to court which issued criminal summons to have her arrested but she kept in hiding until an arrest warrant was issued against her.

    He explained to court that detectives traced her through her phone engagements but she kept on changing lines until they finally arrested her along Kampala-Gayaza road when she was with her children going for a party at Kasangati.

    The magistrate was convinced with Erima’s submission and objected to Mpuugu’s application for bail.

    She was remanded until 13th September, 2023 when the hearing of her case will be kicked off.

    According to court documents, in 2021, Mpuugu entered a land transaction with Grace Mulinde to sell him land situated at plot 4 Berkeley Road Entebbe Municipality in Wakiso district.

    The accused person was paid Shs450m and she assured the complainant that the land had no issues and that she was free to use.

    However, when he started using the land, he was denied access to it by members of the Uganda Nurses and Midwives Union who claimed its ownership.

    They told him that Mpuugu fraudulently forged their land title and efforts to recover his money were fruitless as she kept on deceiving him that she was sorting out the matter with the Nurses until he lost hope and decided to drag her to the police.

     

    By Grapevine Reporter

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    Furious M7 Stops Ministers From Commenting On Security Matters As American Gov’t Warns Citizens…

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    President Yoweri Museveni

    The State Minister for Information and National Guidance Godfrey Kabbyanga Baluku has confirmed to theGrapevine that President Yoweri Kaguta Museveni has stopped ministers from commenting on matters of national security.

    He revealed that Museveni issued the directive on Monday during the cabinet meeting at State House Entebbe after ministers raised the matter of national concern over the ongoing bomb threats in Central region especially in Kampala city.

    “That’s the reason why the 3rd deputy Prime Minister Rukia Nakadama declined to comment over the matter when the Speaker of parliament Anita Among asked for  a statement on the floor of parliament over the matter,” Kabbyanga said.

    Highly placed sources in cabinet told theGrapevine that the president stopped the ministers from commenting on the bomb threats because he was also still studying it and had not yet received the detailed report from security agencies.

    Charles Rwomushana, a controversial security expert told theGrapevine that the reason why Museveni stopped any one from commenting on the matter is because he knows very well the people behind the threats and what they are targeting.

    “Minister Charles Okello Engola was killed by his bodyguard Pte Wilson Sabiiti, did you people read the report explaining why the bodyguard killed his boss? Museveni knows the reasons so be very careful you people,” Rwomushana said.

    He warned that UPDF this time is going to be ruthless when chasing the culprits who are behind the bomb threats in Kampala and those standing in their way will walk away with heavy injuries .

    Yesterday, State House press unit released a statement informing the general public that president Museveni will brief the country on security and national importance matters today Thursday, at 8pm and his address will be broadcasted live on all televisions and radio stations.

    The Ministry of Defence and Veteran affairs spokesperson Brig. Gen. Felix Kulayigye confirmed that security has detonated six explosives since Sunday and a number of suspects have been arrested.

    He rubbished allegations that bomb threats are artificial and are being plotted by the State to scare away opposition politicians especially National Unity Platform’s (NUP) Robert Kyagulanyi Ssentamu (Bobi Wine) from holding political gatherings in Buganda region where he is has strong support.

    Busiro East legislator Medard Lubega Seggona claims that Museveni is very scared of Bobi Wine’s recent huge support that is why he is using bomb threats to frustrate him.

    In the same development, the US Embassy in Uganda issued a brief statement warning their citizens from travelling to Kampala.

    “We remind you that the US Department of State’s travel advisory for Uganda is at a Level 3 (reconsider travel) for terrorism. There remains threats of terrorist attacks in Uganda and throughout the region. As anyone can be a victim, US Citizens should remain alert and avoid large public gatherings,” the statement read in parts.

    This is the third time that the American government is warning their citizens from travelling to Uganda citing insecurity.

    Surprisingly, these warning have intensified since the passing of the Anti-Homosexuality Act 2023 into law.

     

    By Sengooba Alirabaki

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