Connect with us
  • NATIONAL

    Who Is Right, Who Is Wrong; Does Police Have Right To Kill? Law Society Boss Discusses Tumwine’s Statement, Calls NUP Spokesperson A Mental Dwarf, Colleagues Guide Him….

    Published

    on

    Former Law Society boss Kinobe (L) and NUP's Waiswa Mufumbiro (R)

    Former Uganda Law Society Boss Simon Peter Kinobe has disclosed that Gen. Elly Tumwine’s statement on police’s right to kill was valid.

    In a debate with National Unity Platform (NUP) deputy Spokesperson Waiswa Mufumbiro, on Salt TV’s Omunnyo Ku Makya programme, Kinobe  disclosed that the police has a right to kill.

    When he was put to task to quote the law to support his statement or a precedence from the law, Kinobe opened his foldable phone and insisted that the police has the right but failed to give evidence.

    Mufumbiro tasked Kinobe, “The police has no right to shoot to kill, show us where that right is in the law, the good thing you are reading from google. Police’s job is to keep law and order, fundamentally, in their rules of engagement.”

    “Police has the right and it is the law. The law has been interpreted before,” Kinobe insisted.

    “Interpreted by who?” Mufumbiro asked.

    “By court,” Kinobe answered.

    “Give us a case precedence. You are a lawyer, don’t say court. Give us a case precedence where they have allowed police to kill. Give me one. Give me a case, in Uganda, in Africa, where it has been settled that police can kill a citizen of a country” Mufumbiro put Kinobe to task.

    Kinobe then clarified on his earlier statement, “First I have not said that police has the right to kill a person. You know I don’t fare well in peasantry arguments. You don’t want to learn yet you don’t know.”

    The two (Mufumbiro and Kinobe) went into a heated argument over the number of people who were killed in the November riots forcing Kinobe to warn Mufumbiro, “I don’t care whether they were 43, or 50 or 200….”

    Mufumbiro tried to interject warning that he will not allow Kinobe to speak ill of the people who lost their lives.

    “I will not, I will not…” Mufumbiro warned.

    Kinobe answered, “You will not what? Who are you? This is what happens when you call mental dwarfs to a show. That stupidity of threatening people, there is nothing you can do to me.”

    Kinobe’s statements attracted rebuke from a section of lawyers both senior and junior in the practice.

    Human Rights Lawyer Nicholas Opio opined that Kinobe’s statements are scornful to the law society and advised that going forward, they should be careful while electing their leadership.

    “The video here is the reason, inter alia, why I think the election of the Law Society leadership matters a great deal. It’s also the reason I believe character, not buzz words; thought processes & records should be closely examined lest we end up at this stage where we’re scorned,” the Chapter Four boss said.

    Kinobe asked Opio why he has not offered himself for the presidency, “Kindly advise the stage at which we are at. Also advise why you have not offered yourself for the presidency. These are statements made on the basis of a clip and out of perspective.Perhaps the show should be extended her.”

    However, in the midst of the verbal exchange, a one Naif Lule dug deep into what the law says on police authority to shoot to kill.

    Lule said, “I am not a graduate yet, just a legal scholar but I will take the initiative to correct you, with accord of all due respect to you. A right in the context of the debate is an ‘entitlement’ to do a particular act as a granted by legislation or a court precedent to the a person.

    “Distinguish this from normative rights and freedoms, for the matter of causing  death there are no normative rights or freedoms (this has been settled in discussions of suicide and euthanasia) – no one has the normative right to cause death.”

    He added, “The police institution and the way it’s members are supposed to conduct themselves are regulated by the police act  cap 203 of Uganda. Therefore, such rights for a police officer must be provided under that act. Specifically, chapter V provides for the Powers, Duties and Privileges of a police officer.

    “It should do our intellect good if we address ourselves to these sections Sections 21 – on Duties of an officer

    Section 28 – addressing the use of firearms in special cases; Section 32, 33 and 34 – addressing the dispersing of assemblies.

    “And finally Section 36 which our beloved fallen general must have misconstrued like so many members of the public, regardless of intellect.

    When these sections are read closely together, we learn that there is no such right to kill.”

    He detailed, “Section 36 is construed to allow officers to use force reasonably necessary, and also relieving them of liability for death in use of such reasonable force.  The reasonable man test is applicable in all situations of use of deadly force.

    “Which test is strict and requires satisfaction that in consideration of the nature of events (nature of commotion, nature of apprehension, gravity of acts during such commotion, and importantly legality of the commotion, and whether all other avenues were exhausted before resorting to excessive force specifically armed force and occasioning death ) – would a reasonable man have reacted with the same amount of force in consideration of the nature of events? Would a reasonable man have resorted to shooting and killing in the nature of events.”

    He added, “Section 36, does not outright legalize acts of police officers killing civilians. Therefore, it does not give them such right. In fact, no other section provides them with such right.

    “Section 36 only relieves them of liability for death that may come with use of reasonable force. I do not contend that officers have the right to use reasonable force in certain events, only reasonable force.”

    “I contend that the sections in part V of the Police act are not to be construed as an avenue of police officers to recklessly unleash full magazines on crowds of demonstrators in belief that it is the officers’ right to do so,” he said.

    “In the first place, the act allows use of fire arms under on meeting a defined threshold. Let us read the threshold required to be met by a police officer before use of a firearm under section 28(3),” he said.

     

    By Grapevine Reporter

    Comments

    NATIONAL

    Bobi Wine Summons NUP Legislators To Strategise On How To Save MP Zaake…

    Published

    on

    NUP boss Bobi Wine (L) and Mityana Municipality MP Francis Zaake

    National Unity Platform (NUP) Principal Robert Kyagulanyi Ssentamu alias Bobi Wine has summoned his party legislators to strategise on how to save Mityana Municipality Member of Parliament Francis Butebi Zaake from angry parliamentary leadership.

    According to credible sources in NUP, the meeting is expected to take place next week at their party headquarters in Kamwokya.

    Last week, Bobi Wine blasted his legislators for not giving enough support to their own (Zaake) when he was protesting deputy speaker Thomas Tayebwa’s ruling stopping him from debating the ongoing abduction of people especially in Buganda.

    “I want to salute Hon. Francis Zaake and tell him that as an individual, I am very proud of him. NUP is very proud of you and Ugandans that were abducted are very proud of you. Thank you for not conforming to the nonsense of parliament, thank you for not shutting up, thank you for doing exactly what you were elected to do,” he said.

    Even though Bobi Wine praised Zaake, Tayebwa referred him to the parliamentary disciplinary committee and the hearing of his matter kicked off on Tuesday.

    However, sources in NUP revealed that Bobi Wine wants his legislators to put up a spirited fight to frustrate the move of disciplining Zaake.

    These were days after the Speaker of parliament Annet Anita Among warned Zaake that parliament will take criminal action against him to recover the institution’s properties he declined to return after being removed from the position of the parliamentary commissioner.

    Among told parliament that Zaake declined to return the parliamentary car even though he has been informed in writing to return it

    Former Kawempe South MP Mubarak Munyagwa advised Bobi Wine to investigate Busiro East legislator Medard Lubega Ssegona who was acting as the Leader of Opposition on the day Zaake protested because he was the one who stopped other opposition legislators from joining Zaake and telling him to move out of the plenary.

    One of Bobi Wine’s Personal Assistant Julius Katongole said that the motive of the meeting that Bobi Wine summoned is not to condemn or attack anyone but it is about guiding them on how to work together and use parliament to fight president Yoweri Kaguta Museveni’s bad acts against poor Ugandans.

    He rubbished allegations making rounds that Bobi Wine summoned the legislators to introduce to them their new parliamentary leadership after firing Mathias Mpuuga Nsamba from the position of Leader of Opposition in Parliament.

     

    By Sengooba Alirabaki

    Comments

    Continue Reading

    NATIONAL

    Panic At KCCA As M7 Directs Minister Magyezi To Investigate RCC Burora Claim On Misuse Of PDM Cash…

    Published

    on

    Lubaga deputy RCC Burora (L) and Minister Magyezi (R)

    President Yoweri Kaguta Museveni has directed in writing the local government minister Raphael Magyezi to investigate the allegation made by Lubaga Division Deputy Resident City Commissioner(RCC) Anderson Burora against Kampala Capital City Authority (KCCA) on mismanagement of the government Parish Development Modal cash.

    Minister Magyezi confirmed the development and said that the president directed him to present his findings to cabinet by the coming Monday so that the ministers discuss the matter.

    He said that the president was very concerned with the allegation made by Burora and praised him for standing his ground and speaksoff to the alleged government officials.

    Magyezi told theGrapevine that the president wants other Resident District Commissioners (RDC) to do what Burora did to inspect government projects for the good of the country.

    Last week, Burora suspended the operations of Parish Development Model citing irregularities in implementing the program by allocating the funds to people who are not supposed to benefit from it.

    “We have seen lists bearing names of people who are well off, who own cars, are salary earners and those who own big shops being fronted for Parish Development Model. The project was intended for the 39% population that lives hand-to-mouth, not those who surpassed that level,” Burora said.

    However, Aisha Nabisere, the KCCA Parish Development Model coordinator rubbished Burora’s allegations insisting that he was spreading falsehoods.

     

    By Sengooba Alirabaki

    Comments

    Continue Reading

    NATIONAL

    Lord Mayor Lukwago Reveals How KCCA Bosses are Conniving With City Tycoons To Swindle USD100M Hiding Under President’s Directive On Markets…

    Published

    on

    Lord Mayor Ssalongo Erias Lukwago has narrated how top Kampala Capital City Authority(KCCA) bosses are conniving with city tycoons to swiddle USD100M under the guise of implementing President Yoweri Kaguta Museveni’s directives on city markets.

    Lukwago said that he has landed on clandestine plans designed by KCCA technical wing bosses and ministers to procure 10 acres of land in Kampala Central Division at a price of USD100m which is very high.

    He revealed that the said land that is situated in Kisenyi parish belongs to John Bosco Muwonge, a city businessman who they want to front to built a public market as Museveni directed.

    Last month, Museveni met KCCA bosses and directed them to build at least two public markets in all the five Divisions that make up Kampala city.

    Lukwago said that without following the legal procedures, some fraudulent city businessmen have started approaching KCCA to offer their land to be purchased for the market with big commission offers to some KCCA bosses.

    Lukwago insists these businessmen want to sell their land to KCCA at a high price without following the legal requirements and it is the reason why he has summoned the city council meeting to discuss the matter next week.

    When contacted, Joseph Kabuye Kyofatogabye, the KCCA State Minister rubbished the accusation, and asked Lukwago to prove his allegations with evidence.

    “For me, I don’t know how to execute deals but I know Lord Mayor Lukwago is an expert in making deals,” Kabuye said.

    Businessman Muwonge was not reached for a comment.

    By Sengooba Alirabaki

    Comments

    Continue Reading

    like us

    TRENDING

    theGrapevine is a subsidiary of Newco Publications Limited, a Ugandan multimedia group.
    We keep you posted on the latest from Uganda and the World. COPYRIGHT © 2022
    P.O Box 5511, Kampala - Uganda Tel: +256-752 227640 Email: info@thegrapevine.co.ug
    theGrapevine is licenced by Uganda Communications Commission (UCC)