Even though ‘Ssaabalwanyi’ Yoweri Kaguta Museveni has fought many battles and successfully won them including the famous Luweero Triangle National Resistance Army (NRA) war against Milton Obote’s government, the prosecution of his former Inspector General of Police (IGP) Kale Kayihura has become a fish bone stuck in his throat.

The Commander in Chief has successfully dismantled and disciplined tough brilliant  Generals like David Sejusa alias Tinyefuza, Henry Tumukunde and others who he has arrested, charged and detained, but sources within the corridors of power at Entebbe State House and Nakasero have told the Grapevine that Mzee is caught between a rock and hard place on the son of Kalyekeezi.

“This time I don’t know how mzee is going to handle Kayihura’s matters. He is seeking advice from everybody and I think he will make his decision before this month ends,” a source at state house revealed. The source told this website that at first, security big wigs thought that after the Commander in Chief had extended the tenure of the military court martial, Kayihura and his blue-eyed boys were immediately going to be charged before the army court.

A source further revealed to this website that the president has been following the entire investigations which were headed by Internal Security Organization (ISO) and Chieftaincy for Military Intelligence (CMI) closely.

“The President has perused through the entire investigation files and discovered that if it is sent to court in the way it is, the state will be humiliated in the eyes of the public.  Museveni understands very well the legal brains behind Kayihura and the damage they can cause if they don’t prepare a strong case,” the source said.

The source added that Museveni understands that Kayihura is a very intelligent man who is competent in legal issues. “The General is very ready to face anything that they throw at him, I’m warning the state especially those guys in ISO to be prepared,” a lawyer from KAA Associates told the Grapevine yesterday. Kayihura hired Kampala Associated Advocates (KAA) to represent him in this matter two days after his arrest .
INSIDE M7’S MEETING WITH HIS CONFIDANTE LEGAL BRAINS
Our source who has been attending both the Entebbe and Nakasero State House meetings, that will decide Kale’s fate have revealed to us that from Tuesday this week, president Museveni has been summoning his confidante lawyers to advise him on the legal gymnastics and how to handle
Kayihura’s trial legally basing on the evidence given to him by military intelligence Agencies. On Tuesday, Museveni met counsel Didas Nkuruziza his long friend who has been giving him legal advice on controversial legal matters. Nkuruziza has been representing Museveni in many cases including election petitions since 2001. According to our source, Museveni held a meeting that lasted for almost two hours with Nkurunziza.

Museveni on the same day met Counsel Andrew Kasirye, a seasoned lawyer and a friend.  Kasirye is senior partner in Kasirye, Byaruhanga and company advocates and has been advising the president on a number of criminal and civil matters. It’s is because of that confidante relationship that Museveni appointed him to lead the legal team which investigated the UNRA fraud. He was a lead counsel in UNRA probe and after, Museveni appointed him as a judge but he refused to take on the appointment because he wanted to concentrate more on his private practices.  Other lawyers who Museveni met this week include Enos Tumusiime a senior pattern in Tumusiime, Kabega and company advocates. Ebert Byenkya one of the lead legal brains that represented him in the recent 2016 election petition against Go forward strongman Amama Mbabazi.

Byenkya is currently the lead counsel in the Bamugemereire land probe and also a senior partner in Byenkya, Kihika and company advocates. On Wednesday, Museveni met Counsel Kiryowa Kiwanuka. Kiryowa Kiwanuka is one of the strong legal brains behind Museveni’s legal action. He has handled a number of legal matters against Museveni including the recent 2016 election petition filed against Museveni by Amama Mbabazi. The president met these senior brains on legal matters after disagreeing with Kale’s lawyers last week who were led by counsel Jet Tumwebaze. Museveni and KAA disagreed on how to handle Kale’s matters amicably. “Yes we meet president Museveni on Thursday and we discussed General Kale’s fate,” a senior partner in KAA confirmed to this website.
LEGAL BRAINS ADVISE MUSEVENI – YOU HAVE A BAD CASE AGAINST KALE SIR
According to our source, all the lawyers Museveni summoned for legal consultation advised him that he has a bad case against Kayihura.  Museveni shared with them all the evidences collected by ISO and CMI which they were preparing to present in courts of law to pin Kale.
Our source revealed that Museveni even played for them an audio given to him by ISO. In the recording, a man speaking exactly like Kale is allegedly heard thanking former flying squad boss Hebert Muhangi for killing fallen AIGP Andrew Felix Kaweesi.

After hearing the audio, the lawyers advised Museveni that there is no telecom company which is going to allow their employee to come to court and testify on that recorded voice. The Lawyers told Museveni that telecom companies have a duty to protect their client’s secrets, testifying against their client in such a high-profile case will be betraying their contract which they made with their clients. They further told him that there is no evidence indicating that Kayihura was thanking Muhangi for killing Kaweesi because he was his commander and he must have ordered him to do for him many  security operations and mission which he could have been thanking him for.
The source added that the lawyers advised the president that the only way he can prosecute Kale is to take him to civil court and charge him with negligence on duty, otherwise he can’t prove murder charges as his intelligence agencies  are advising.  However, counsel Kasirye told Museveni that for Kayihura to be charged in a civil court, his case must have been investigated by police not military Agencies like ISO and CMI.
Kasirye explained to Museveni that it’s the Director of Public Prosecution (DPP) who has the mandate to prosecute public interest cases. Kasirye however told Museveni that it will be very difficult to apply private prosecution in Kale’s case since there is nobody who is prosecuting him apart from the state.

Kasirye told Museveni that for DPP to prosecute Kayihura, there must be a police investigation file not ISO or CMI file. The source further told this website that it’s the reason why the DPP shied away from the investigation file CMI handed him on the matter of the Movit boss Simpson Birungi on Buddo fire. A source revealed that a confused Museveni told Kasirye that he is not comfortable with DPP to prosecute Kale because Justice Mike Chibita is a close friend to Kale.

M7’S PPS IMPLICATED IN KAWEESI KAGEZI KILLINGS
The source further revealed to us that during these consultative meetings between Museveni and the lawyers, they warned him that if he persisted on trying Kayihura, even his own state house staff will be summoned in court to testify and others will be added to the charge sheet.  Our source told us that when counsel Tumusiime read through the evidence shown to him by Museveni on Kayihura, especially the part that pins him on being the mastermind behind the death of Joan Kagezi and Kaweesi, Tumusiime told Museveni that, “Your excellence, according to this evidence, I’m sure that the defense lawyers will apply for your state house staff especially the Principle Private Secretaries (PPS) to appear in court as their defense witnesses. Look here, these documents are showing that Kaweesi and Kagezi met your PPS before they were killed.  Here I’m seeing that both at many times came to them seeking your attention after receiving death threats. Why did your PPS deny them an opportunity to meet you knowing that they have classified information they want to deliver to you?”

Our sources told us that among the evidence ISO and CMI have against  Kale include allegations that both Kaweesi and Kagezi wanted to report to Museveni security threats on their lives but they were denied Access to the president by his PPS.  One of the senior lawyers asked what their intentions were denying the deceased access to the president.
These two are potentially defense witnesses in this case to confirm whether Kaweesi and Kagezi through them tried to seek audience with the head of the state over threats on their lives.
Tumusiime also wondered before the president why ISO and CMI were giving their discovered evidences to media especially the state-owned media houses Bukedde and New Vision. He said that this is a very dangerous case to the prosecution because even though ISO evidence looks fabricated it gives the defense an opportunity to prepare on how to challenge it in courts of law.

KALE’S LAWYERS WALK OUT OF M7’S MEETING
Our source also confirmed that, a team of lawyers from KAA walked out of the meeting which was convened at state house Entebbe.  He revealed that security bosses from ISO insisted that they have sufficient evidence against Kale on being behind frequent murders around the country. “But what problem do you have with General Kale. He never told us that he has any problem with you, why do you humiliate your fellow military officer in public with those fabricated evidences,” counsel Jet Tumwebaze, one of the lawyers representing Kayihura reportedly asked ISO boss.

Both ISO boss and KAA lawyers exchanged a lot of bitter words in front of Museveni who was just reading the evidences given to him by ISO and CMI against Kale. Tumwebaze, who is a personal friend to Museveni then walked out of the meeting together with his team after warning that ISO’s evidence will be crushed in the courts of law.
Tumwebaze told the president before he moved out that he trusts that he was going to handle the matter wisely because it seems he has been misled by ISO people who have personal problems with
their client.  Tumwebaze further told Museveni that ISO must be among the people who are giving media leakages as evidence against their client which is humiliating him as a person.

By Jamil Lutakome