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Judge Orders Kanyamunyu Murder Trial To Kick Off In The Absence Of His Brother…

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L-R: The accused Cynthia Munwangari, Joseph Kanyamunyu and Mathew Kanyamunyu

High Court Criminal Division Judge James Mubiru has ordered the kickoff the murder trial in which Mathew Kanyamunyu, a city businessman, his girlfriend Cynthia Munwangari and brother Joseph Kanyamunyu are accussed of killing Kenneth Akena, a social worker.

The judge overruled the defense’s application for adjournment because Joseph Kanyamunyu (A3) was not in court.

Lawyer MacDusman Kabega submitted to court that his client didn’t intentionally abscond from attending his trial because he was admitted at Case Clinic Kampala. Kabega produced a letter from the Case Clinic hospital Administration showing that Kanyamunyu was admitted in their facility for medical attention and asked that the trial be adjourned for 14 days because by then, they will be sure that he will be discharged from the hospital.

Kanyamunyu with his lawyer Kabega

The defense lawyers led by senior state Attorney Jonathan Muwaganya challenged the adjournment.

“I heard the concern of the defense; they have shared with us the medical document but for the record, we came ready to proceed with the trial and we have witnesses prepared to testify. The decision to proceed without A3 (Kanyamunyu) needs a brief consultation from the Director of Public Prosecution (DPP) himself for guidance,” Muwaganya submitted.

However, the trial judge Mubiru told him that there is no need for consultation because it’s at the court’s discretion to determine whether to proceed with a separate trial of the accused, he cited section 52(1) of the trial indictment Act which allows the separate prosecution of the suspects.

He said that he also put into consideration the long time the case has spent in court. He further noted that the letter from Case Clinic didn’t show when Kanyamunyu will be discharged.

In conclusion, the judge ordered Muwaganya to do an amendment in the charge sheet and proceed with separate trial because the matter is of a public interest and needs a speedy trial in court.

Earlier, the trial delayed because Munwangari told court that she needs a French interpreter since she doesn’t understand English very well. It took court four hours looking for someone who understands French. A one Jim Nyabirungo was later brought to interpret for Munwangari.

Kanyamunyu and the co-accused are charged with the shooting Kenneth Akena dead. The state alleges that Kanyamunyu pulled out his gun and shot Akena who was kneeling apologizing to him after scratching his brand new land cruiser along Jinja Road.

By Ssengooba Alirabaki

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I Saw Kanyamunyu’s Brother Run Away With The Gun That They Used To Kill Akena – Witness Pin Kanyamunyu And Girlfriend…

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Lawyer Kabega defending his clients Cynthia Munwangari and Mathew Kanyamunyu

Robert Mutebi, a third prosecution witness in the murder case of Kenneth Akenna, a social worker has told court today that the weapon that killed the deceased was smuggled out of Nakasero hospital by Joseph Kanyamunyu a brother to Mathew Kanyamunyu the first accused.

Mutebi, the former Nakasero hospital internal security guard told court that on 12 November 2016, in the evening hours, he saw a man standing with Kanyamunyu who had just brought in the hospital a very ill patient in the hospital’s parking yard.

He said that he was monitoring Kanyamunyu’s movements at the hospital because the patient he had brought while crying told them not to allow him together with a woman who was dressed in a short black suit to move out of the hospital because they were the ones who shot him.

Mutebi testified that the light was very clear which enabled him to see whatever was going on, he said that after a few minutes, another man joined Kanyamunyu and the woman in the parking yard.

“He handed him a pistol and a small bag and moved out of the hospital,” Mutebi narrated. He testified that after two days, a police detective who introduced himself as Afande Olal picked him together with his co-worker Moses Ecolas and they were taken to Kira police division in Wakiso district. He said that when they reached police, they were separated, each of them was taken in a different room. 

L-R: The accused Cynthia Munwangari, Joseph Kanyamunyu and Mathew Kanyamunyu

He told court that in the room where he was taken, Afande Olal told him that the reason why he was brought to police was to identify the person he saw moving with a gun. He revealed that they brought to him a number of people but he still remembered the person who went with the pistol, he later identified the man’s name as Joseph Kanyamunyu.

Mutebi further told court that he was around when the deceased was brought to hospital in Kanyamunyu’s car while crying. It was him, Ecolas together with other nurses who moved him from the car. Mutebi said that while taking Akenna to the emergency room, he told them that Kanyamunyu was dressed in a blue suit with glasses and the woman dressed in a black suit.

“I remember very well when we reached in the room, the deceased, who was still talking told us not to allow the people who brought him to the hospital to go because they are the ones who shot him,” Mutebi testified.

He explained that the deceased told them that he was shot after sctratching the suspect’s vehicle as he was trying to reverse his car.

Mutebi testified that in the middle of the conversation, the hospital senior nurses Molly and Persis told them to move out of the room so that they try to save Akena’s life. When they moved out, they started monitoring Kanyamunyu’s movements. They saw him making frequent phone calls in the hospital parking lot.

He testified that after a few minutes, Persis called them as security to come back to the room and listen to what the patient was telling them.

He narrated that when they reached the room, Akena was still asking them not to allow Kanyamunyu to go because they shot him.

Mutebi said that he agreed with his boss, a one Asiimwe to go and report the matter to police and also make a statement.

He said that after reporting the matter to Wandegeya police station, he was given a police officer who he went with to Nakasero hospital and the suspects were arrested. He said that during the arrest, he established that the suspects were Cynthia Munangwari and Mathew Kanyamunyu. The suspects were taken to Wandegeya police station. He testified that at Wandegeya police, he also recorded a statement and narrated whatever he saw. However, defense lawyers led by Evan Ochieng grilled Mutebi on why he was telling court lies because he had earlier told court that he doesn’t understand English, how then did he communicate to the deceased.

Ochieng further asked Mutebi why he didn’t arrest Joseph Kanyamunyu and other suspects while at the hospital.

In defense, Mutebi insisted that the deceased was speaking two languages English and Luganda, which he understands very well. He further testified that as an internal security officer, he was not responsible for making arrests, the security officer at the gate was the one responsible for arresting suspects like Kanyamunyu.

Ochieng tasked Mutebi to produce evidence that he recorded whatever he saw in the hospital’s security book of records.

Ochieng insisted that Mutebi is a drunkard who was telling court lies. Ochieng pinned Mutebi that because of his drunkenness, he has been fired from different security companies including Nakasero hospital.

Mutebi said that he recorded everything that happened that night in the security record book, Ochieng asked court to order Nakasero hospital to bring the said books.

The judge however didn’t allow Ochieng’s application to have the books brought saying that he cannot allow the defense team to ask for evidence in the middle of the hearing of the case yet they had a lot of time from 2016. He advised Ochieng and his team to apply to court to recall Mutebi to testify against the said books after testifying today because he doesn’t know the procedures of getting such documents from the hospital. The matter is still on going before High Court Criminal Division Judge Steven Mubiru.

By Jamil Lutakome

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Murder Trial In Which ISO Boss Kaka’s Son Is Charged With Killing Girlfriend Flops After Assessors Miss Court…

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Kaka's son Brian Bagyenda (R) with the co-accused

The murder trial of Brian Bagyenda the son to Internal Security Organization (ISO) boss Col. Kaka Bagyenda has flopped for the second time because of the absence of court assessors.

The presiding High Court Judge Moses Kawumi Kazibwe was forced to adjourn the start of the hearing of the murder case to Wednesday 8 after realising that court assessors who were supposed to attend all the hearings of the case were not present.

The assessor’s role is to advise the presiding judge on criminal cases in a lay man’s assessments before the judge assess it in legal terms. Brian Bagyenda, a pharmacist is charged with Innocent Bainomugisha (24), a cleaner and Vincent Rwahwire (28), a casual labourer are accused of intentionally killing Enid Twijukye who was Bagyenda’s girl friend on January 13, 2017, and later dumping her body at Namanve Forest in Wakiso district.

The prosecution alleges that on January 4, 2016, at Njobe Road in Nakawa Division, Kampala district, the accused and others still at large with malice aforethought killed Twijukye in cold blood.

Senior State Attorney Joseph Kyomuhendo informed the presiding judge that they have paraded a number of over 10 witnesses to pin the suspects.

Early last year, the Director of Public Prosecution (DPP) rejected plea bargaining in the matter after the defense lawyers led by Nsubuga Mubiru argued that by the time the murder was committed, Bagyenda was a patient at Butabika Hospital.

By Ssengooba Alirabaki

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Top Criminal Lawyers To Face No-Nonsense Criminal Prosecutor In Historical Kanyamunyu Murder Case…

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City businessman Mathew Kanyamunyu, his girlfriend Cynthia Munwangari and brother Joseph Kanyamunyu have paraded a team of the top celebrated criminal lawyers to defend them in the historical murder case.

The three relatives are charged with the killing of a social worker Kenneth Akena in 2017 after denting his posh car along Kampala-Jinja Road opposite Malik car bond. To be on the safe side, the Kanyamunyus have hired self-styled devil’s advocate MacDusman Kabega from Tumusiime Kabega and Company Advocates. Kabega is known for taking on unpopular cases especially murder cases of high-profile people in the country and surprises other lawyers on the legal tricks he uses to win cases.

The soft-spoken lawyer saved international heart doctor Aggrey Kiyingi who was accused of murdering his wife lawyer Robinah Kayaga Kiyingi, he also successful saved Sarah Nabikolo who was charged with killing her husband Eria Bugembe Sebunya commonly known as Kasiwukira. On Kanyamunyu’s team is also controversial but determined lawyer Evans Ochenge, who saved Adam Kalungi a boyfriend to late Cerinah Nebanda, the former Butaleja woman Member of Parliament who died suspiciously and Caleb Alaka also a criminal law general.

Alaka is remembered for representing the suspects in the 2010 Kyadondo and Kabalagala terror trial.

However, it will not be a one-way trial, the defense lawyers are going to face off with nonsense senior prosecutor Jonathan Muwaganya. Muwaganya is known as one of the fearless prosecutors who doesn’t fear big names and always puts up spirited fights for the dead to get justice.   This public interest file was allocated to High Court criminal Division judge James Mubiru and he will preside over the trial starting on 10th /01/2020.

By Ssengooba Alirabaki

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