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Sheikh Charged With Killing Maama Fiina’s Husband Released On Bail, Ordered To Avoid Preaching Inciting Sermons

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High court International Crimes Division Judge Duncan Gaswaaga has released Tabliq sect acting Amir sheikh Ramathan Mwanje on bail from Luzira prison where he has been since 2016.

The judge was very convinced with the four sureties that Mwanje presented and he agreed with the lawyers of the applicant that Mwanje has a fixed place of abode in Makindye Division. The prosecution did not present any evidence that Mwanje’s release would interfere with the state investigations. “It’s fair and just to grant him bail on grounds that his continued detention infringes his fundamental rights,” the Judge stated.

He was released on a non cash bail of shs20m while his sureties were ordered to execute a shs10m non cash bond to ensure that they compel Mwanje to report back to court when he is need. The sheikh has further been forbidden from preaching while making statements that are deemed to incite other Muslims to engage in criminal acts. He was also warned to always be humbled and disciplined to and co-operative with security agencies who may approach him in respect to this case.

He was also ordered to report to court every Tuesday of every month until he receives further orders from court. Mwanje is charged with Muhammad Buyondo, Adbul Wahaab Ssendegeya, Musa Ssekandi and Yusuf Nyanzi of killing major Muhammad Kiggundu and his body guard captain Steven Mukasa, aiding and abetting terrorism and confessing that he belonged to a terrorist group of ADF between 2010 and 2017.

By Jamil Lutakome

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CRIME

It’s Inhuman To Kill Someone’s Daughter At Shs. 30,000: Why High Court Judge Kazibwe Sentenced ISO Boss’ Son To 32 Years In Prison …

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Today soft-spoken High Court Criminal Division Judge Moses Kazibwe sentenced Brian Bagyenda, the son to Internal Security Organization (ISO) boss Kaka Bagyenda, Innocent Bainomugisha, a Cleaner and Vincent Rwahwire, a casual laborer to 32 years in prison.

In his judgement, the judge said that there was malice forethought before the commitment of the murder of 22-year-old Enid Twijukye a girlfriend to Bagyenda. He noted that he was very convinced that the state prosecutor led by Joseph Kyomuhendo and Joan Keko proved all the ingredients in this murder case.

The judge said that these ingredients were proved by 15 prosecution witnesses who included Dr. Sam Kalungi a pathologist who examined the deceased’s body and established that she was strangled to death.

Kazibwe further noted that the deceased was unlawfully murdered by the convict.

In his judgement, the judge put emphasis on the testimony of Evas Turigye, the elder sister to Twijukye who told court that on the 3rd January 2017, Bagyenda picked the deceased from their home in Bweyogerere, Wakiso district and drove her to his home in Luzira Kampala and she never returned. He said that the next day, she called her number and she did not pick. However, another person later picked and told her that Enid had left the phone at home.

The judge rubbished Bagyenda’s defense testimony arguing that by the time he committed the crime, he was mentally disturbed, the judge based on the testimony of Turigye who told court that Bagyenda spent the entire Christmas season of 2016 shopping with the deceased and on in turn she spent her nights at Bagyenda’s home.

The judge further noted that Turigye told court that while they were still looking for her sister, she received a telephone call from Bagyenda apologizing to her that he was feeling guilty of killing Twijukye and that he wanted to make a confession.

The judge said that Turigye told court that by the time Bagyenda called her, she had hired a lawyer to join a team of investigators to look for the murderer of their sister. Bagyenda was later arrested after the burial of Twijukye and taken to Jinja road police station.

The judge however said that Turigye didn’t confirm to court that Bagyenda was a boyfriend to Twijukye because she was always telling them that her boyfriend and future husband was staying in USA.

The judge also cited the evidence of Esther Mirembe, the mother to the deceased who told court that she did not know Bagyenda as his son -in law because her daughter always told her that her future husband was in the US.

Kazibwe also based on the charge and caution statement recorded by Innocent Bainomugisha who told police that on the fateful day when the deceased was murdered, Bagyenda told him and Rwehirwa in the morning that she was going to discipline her girlfriend for cheating on him.

They escorted him to his bedroom and killed Twijukye by suffocating her using two pillows which were on their bed until she breathed her last. He further revealed that while they were executing the mission, Bagyenda increased the volume of the tv so that people outside could not hear what was going on in the house. Bagyenda paid them Shs. 30.000 each for the job well done.

The judge wondered why Bagyenda who claims that he is mentally disturbed gave money to his maid to go out and buy a bottle of soda and after that also go to Kalerwe market to buy food.

He wondered why the maid was sent to Kalerwe yet there are very many markets surrounding Luzira.

In sentencing Bagyenda and his co accussed, the judge refused to consider the prayer of Bainomugisha and Rwehirwe’s lawyer that they killed the deceased on orders of their boss Bagyenda, the judge said that they were in their right mind and did not work on the orders of their boss as robots. The judge also explained that there are misunderstanding in most relationships but they are not solved by killing each other.

He noted that the country and the family of the deceased lost a very important person and that court must punish those who cut short the life of the deceased. The judge however advised the convicts that they have the right to appeal if they are not satisfied with his judgement. Nsubuga Mubiru the defense lawyer in this case said that he is still studying the judgement to decide on whether to Appeal or not.

By Ssengooba Alirabaki

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I Was Arrested On Orders Of Traffic Boss Musinga, Kept In A Dark Room, Beaten Daily For 16 Days And Forced To Drink Urine – Man Takes Police Boss To Court…

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Kampala Metropolitan traffic police commander SSP Norman Musinga has been dragged to Court for torturing farm manager and forcing him to drink urine.

Through his lawyers of C/O M/S Luswata-Kibanda and Company Advocates, Stephen Kamanzi claims that he has been a farm manager for the estate of the late Patrick Nyindo, the father to Musinga for 27 years but on 15th October 2019, he was summoned by his boss at his offices at CPS Kampala.

“I was arrested on orders of SSP Musinga Norman. This was based on false allegations that I had stolen cows from Kaya farm located at Kakonge. I was detained from 15/10/2019 up to 31/10/2019, I was kept in a dark room and I was beaten daily for 16 days. I was produced before court after my family members protested my illegal detention through media,” Kamanzi claims in his affidavit.

He told court that while in CPS coolers, he was seriously beaten and told to confess that he had stolen 60 cows. When he refused, he was denied food and water.

Kamanzi narrates in his affidavit that he was locked up in a dark room and forced to drink urine on top of being denied access to the toilets for the 16 days he spent at CPS.

He also told court that Musinga ordered flying squad men like ASP Ronald Owitwali, ASP Edger Kulayigye, AIP Fred Nuwagaba and Sam Rwihura to torture to death.

Some of the pictures that Kamanzi presented to court as evidence of how he was tortured

He said that when he was paraded before Buganda Road Court and charged with offences of theft, the presiding magistrate referred the matter to Luweero magistrate court where the offence was committed from. He said that he was examined by celebrated physiologist doctor Sylvester Ozivua who established that he was indeed tortured.

He insisted that for the 26 years he looked after Musinga’s farms in Kiruhura and Luweero he never stole anything as the defendant claimed.

He now wants court to declare that his arrest and detention at the Central Police Station (CPS) in Kampala for 16 days was illegal and unlawful. He also wants court to declare that he was tortured and treated in a cruel and inhuman and degrading manner by the defendant.

He is also seeking an order for the dismissal of all the police officers who tortured him from the force and an order staying the criminal proceedings against him at Luweero magistrate’s court.

He also wants a compensation of shs500m from Musinga for detaining him illegally.

In his defense, filed in court, Musinga denied all the allegation. The Grapevine tried to talk to Musinga concerning the matter but he did not pick our calls. The case was adjourned to 10/03/2020 because the presiding High Court Civil Division Judge Andrew Bashaija was having an emergency matter to attend to.

By Ssengooba Alirabaki

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Street Vendor, Akena’s Brother Place Businessman Kanyamunyu, Girlfriend On The Murder Scene Of Crime…

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Jinja road street vendor Rose Kade and John Paul Oryeko, a brother to late Kenneth Akena have today placed city businessman Matthew Kanyamunyu and his girlfriend Cynthia Munwangari on the scene of crime where Akena was shot from.

Testifying before High Court Criminal Division Judge Steven Mubiru, Rose Kade revealed that he saw the suspect and deceased standing together on the fateful day of 12/11/2016.

“It’s was around 7:00pm, I saw a small tall man and a young tall good-looking woman both getting out of their big car going to a small car which was behind them. They argued for some time then I show them entering the big car and drive away,” Kade who was testifying in her mother Kakwa language said.

She revealed that she didn’t put a lot of emphasis on them, she continued packing her belongings and left for home. Surprisingly, on the next day in the morning, two police detectives approached her and asked her whether she saw the owner of the small vehicle which was still parked in front of Kyadondo Rugby club.

She narrated that after explaining to them what she saw, the two detectives told her to follow them to Jinja road police where she was told to record her statements.

She however didn’t confirm to court that she saw Kanyamunyu shooting Akena. Kanyamunyu’s lawyers led by Macdusman Kabega put Kade on task to explain to court how she managed to see the suspect and the deceased in darkness because it was already 7:00PM.

Kade insisted that it was not yet too dark.

Kabega further tasked Kade to explain to court how she managed to put emphasis on the accused and deceased given that Jinja road is a busy road taking many vehicles and boda bodas. Kade replied that she concentrated on them because they were arguing, so she wanted to see what happens next.

The next witness was Paul Oyeko, a brother to the deceased. He revealed that on the 12/11/2016, he spent much of his time with his elder brother Akena and their other brother a one Jordan and towards the evening, they departed but agreed to meet at Kyadondo Rugby club.

He said that at around 6pm, he called Akena to ask him where he was. Akena told him that he was around Kinawattaka areas but moving to Kyadondo Rugby club. He testified that he reached Kyadondo Rugby club at around 8pm and made frequent phone calls to Akena but he was not picking.

He said that he decided to call Jordan who told him that he had just receive a call from Nakasero hospital informing him that Akena was admitted there, after a few minutes, he called him again and told him that Nakasero hospital had informed him that Akena was shot, he tasked him to find out whether there was a shooting around Kyadondo Rugby club . He testified that the security personal including a police officer told him that at Kyadondo Rugby club, there was no incident of a shooting. 

Oryeko testified that he jumped on the bodaboda and rushed to Nakasero hospital where he was first denied access to the hospital. He told the gateman that his brother was admitted to the hospital after being shot, he was allowed in. Inside the hospital, a certain man and woman, who he later discovered were Kanyamunyu and Munwangari approached him, comforted him and regretted that the incident happened. They told him that they were present at Kyadondo Rugby club when Akena was shot.

“I left them there because I was looking for my brother. Later, I found him in the emergency room and two doctors and nurses were working on him. I called him and he opened his eyes and replied me. He told me, Papa, I was shot at Game and I am going to die but those two people, the man and the woman who brought me here are the ones who shot me. I comforted him that he was not going to die because doctors were working so hard to save his life. The doctors later told me to move out of the emergency room,” Oyeko said.

He testified that when he moved out, he found Jordan outside and he tried to explain to him Akena’s condition.

As he was telling him, a police patrol entered the hospital and the officers told Kanyamunyu and Munwangari to climb the patrol. They also ordered them to follow them to Wandegeya police station.

He said that they delayed for about 5-7 minutes because Jordan wanted to talk to Akena and finish some issues with him.

They later moved to Wandegeya police where they found suspects recording statements. Jordan was also asked to record a statement. He said that after recording their statements, Jordan left him to go back to hospital and he went back to Game Lugogo with Jinja Road DPC to look for Akena’s car. He testified that when he reached Game, he failed to locate the car. However, while they were going back to Nakasero hospital, he spotted Akena’s car at the main gate entering UMA show ground, he stopped the DPC who was also following him on the police patrol and showed him Akena’s car. He said that the DPC told him to go back to the hospital while he handles the matter. He testified that at Nakasero hospital, doctors told them that the first operation on Akena was successful and their patient was still alive but their Intensive Care Unit (ICU) was full.

He testified that they were advised to take their patient to Norvik hospital. At Norvik hospital, two gentlemen who introduced themselves as Joseph Kanyamunyu and a one Moses told them that they were brothers to Mathew Kanyamunyu.

“Joseph exchanged phone numbers with Jordan so that they keep on communicating throughout the night. The doctors later told us that Akena is dead.

Jordan called Joseph but he was not picking, they took the body to Mulago hospital mortuary for postmortem and we started preparing for his burial in Kitgum,” he said.

He added that before travelling to Kitugum, he was told by police detectives to go and record statements of what happened at Jinja road police. He said that after recording a statement at Jinja road police, he was also taken to Kiira police station to identify the suspects who were on parade.

He said that after the burial, he was again summoned by police to come and confirm whether the pair of shoes, keys and two phones found in Kanyamunyu’s car belonged to the deceased. He confirmed that the things found in Kanyamunyu’s car indeed belonged to the deceased.

When asked by the state led prosecutor Jonathan Muwaganya to describe the deceased, Oryeko said that Akena was a social worker who was passionate about children especially orphans.  He said that by the time of his death, he was planning to officially wed his girlfriend in November.

He added that Akena didn’t leave any kid behind but left his parents who were expecting a lot from him after educating him.   The state alleges that Kanyamunyu shot Akena (33) after his small car scratched his posh Land Cruiser Prado along Jinja Road. The case is still on going. 

By Ssengooba Alirabaki

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