Besigye in court for bail

Retired Col. Kizza Besigye

The High Court in Kampala is today expected to hear the bail application filed by remanded former presidential candidate Kizza Besigye.
Dr Besigye, who is currently on remand at Luzira prison, faces charges of treason that are only triable by the High Court. The head of the Criminal Division of the High Court, justice Wilson Masalu Musene will hear this bail application. The hearing of Dr Besigye’s bail application had been scheduled for Wednesday last week but was deferred to today 9.30am because it coincided with Idd-el-Fitr. This bail application arose on June 7 when Dr Besigye through the prison authorities, applied to be released on bail pending hearing of the treason case whose date has not yet been fixed.

The former Luweero bush war fighter cited several grounds for his release on bail. Some of the grounds that he cited are being of advanced age of 60 years, uncertainty of when his treason trial will commence, having substantial sureties, non-interference with investigations and being ready to abide by the court’s bail terms. Read more

Judiciary moves to end prison congestion

To decongest East Africa’s most congested prisons in Uganda; the judiciary has sought and secured Shs 4bn.

According to deputy Chief Justice Steven Kavuma, the money will help the cash-strapped judiciary run the limping criminal court sessions and reduce on the case backlog.

“Each quarter, the judiciary will handle at least twenty criminal sessions to tackle case backlog in criminal trials. The judiciary leadership is working with the government to increase the number of judges and magistrates to ease and hasten the adjudication of cases,” Kavuma said on Wednesday at the annual plea bargaining conference held at Kabira country club in Kampala.

Kavuma’s remarks come on the coat-tails of recent reports which suggested that Uganda has more than 38,000 inmates instead of the recommended 15,000, which makes its prisons the most congested in the East African region. In his speech, Justice Kavuma urged the Principal Judge Yorokamu Bawmine to market, sensitize and roll out plea bargaining throughout Uganda.

“More than 2,500 cases have been disposed of since 2014. Plea bargaining has taken root and possesses great potential to improve on the landscape for criminal justice in Uganda,” Kavuma said. 

Plea bargain is an alternative dispute resolution mechanism. Under plea bargain, a criminal suspect agrees to plead guilty to a particular charge in return for either a lenient penalty or some deal from the prosecutor. The programme has been instituted ostensibly to reduce on the case backlog and at times it has promoted reconciliation between the victims and accused persons.

Justice Kavuma, who  stood in for Chief Justice Bart Katureebe, warned that more resources are needed if plea bargain is to succeed. Read more

Law Society boss: rule of law in steady decline in Uganda

Since FRANCIS GIMARA took over as president Uganda Law Society, three months ago, he has steered the professional association to regaining its activist approach to the rule of law.

From condemning court orders on the defiance campaign to writing to the chief justice about Dr Kizza Besigye's trial. Sulaiman Kakaire asked Gimara about his new leadership and how he intends to redefine the new path for ULS.

Of recent you have been very vocal on the rule of law; what would you say to skeptics who think this ‘activism’ of yours will disappear as you firmly take charge of your new office?

Well, I take over at a time when the five-year strategic plan of Uganda Law Society came to an end. And as of now we are engaged in the design of the new strategic plan, which will prioritize rule of law.

And, by the way, this is part of the statutory mandate of the Uganda Law Society as stipulated in the Uganda Law Society Act. We shall pursue it through our leadership, it is not any other stunt; there is much good will from members and everything has been thought about.

Well, the previous leadership came with the same promise, but soon we saw ULS rushing to nominate a member to have the lord mayor impeached or disown statements!

Well, I am not here to assess the previous leadership but I think that they have their strengths. How are we going to be different? I have proposed to have a proactive approach to the issues of rule of law that will involve consistent engagement until the culture of rule of law is entrenched by all the stakeholders in the country. To this end, we are finalizing the final aspects of the Rule of Law Project.

Under this project, we will have a Rule of Law Advisory Committee composed of eminent members of the ULS. This committee will routinely advise on matters of rule of law in the country and will work with the ULS Council and the Committee on Rule of Law and Strategic Litigation to advance the rule of law agenda in the country.

Secondly, we will work with all the stakeholders to ensure that we build a strong judiciary that will be able to effectively perform its role as a custodian of law and of justice.  The importance of a strong judiciary in advancing the rule of law cannot be [overstated].

So, we are to play an important role to ensure there is independence of the judiciary, particularly on the appointment of judicial officers and respect of the court process. We have been receiving briefs on the work of the Judicial Service Commission and we intend to raise concerns about its work. Read more

Stick to Ethics Despite Low Pay - Katureebe

Chief Justice Bart Katureebe has warned lawyers against violating the professional code of conduct, saying this puts their profession in disrepute.

In a speech read for him by Justice Stella Arach of the Supreme Court during a dinner organised by Uganda Christian Lawyers Fraternity (UCLF) in Kampala to celebrate 10 years of legal aid service in Uganda, Mr Katureebe noted that the low pay lawyers get should not be used as an excuse to compromise professional standards.

"We have lawyers who join the profession to make money at any cost. We need to help each other to overcome unethical practices," Justice Katureebe said.

He said legal aid is very essential in providing individuals with access to justice. He challenged the members of UCLF and the Uganda Law Society to use both government and non-government initiatives of legal aid to serve the poor. 

The Chief Justice, who commended UCLF for 10 years of providing legal aid, also said legal aid helps to ensure that welfare provisions are enforced by providing people entitled to welfare provisions, such as social housing, with access to legal advice in court. Read more

African Court begins 39th Ordinary Session in Arusha

THE African Court on Human and Peoples' Rights (AfCHPR) started its 39th Ordinary Session of the Judges to run until 20 November, 2015 at its seat in Arusha, Tanzania.

The Judges, among others, will deliberate on over 30 applications and requests for Advisory Opinions.

On 20 November, the Court is expected to deliver judgment in Application 005/2013 (Alex Thomas versus the United Republic of Tanzania).

Thomas, who has been imprisoned for 30 years for robbery, is seeking from the African Court remedies, among others, on alleged wrongful conviction and unfair trail he received in his native Tanzania in 1998 and which was upheld by the Court of Appeal in 2009.

Immediately after the 39th Ordinary Session, the Court will commence its 7th Extra-Ordinary Session from 23-27 dedicated to the review of the Rules of Court.

The African Court is an organ of the African Union composed of eleven judges, nationals of member states of the African Union elected in their individual capacity.

Uganda is represented by Justice Solomy Balungi Bossa, a former judge with the High Court of Uganda, where she served for sixteen years. Read more

Pension scam suspects denied bail, again

The Anti-Corruption Court in Kampala has denied bail to three pension scam suspects undergoing trial.

High Court Judge, Lawrence Gidudu today morning declined to release Jimmy Lwamafa, Christopher Obey and Stephen Kunsa Kiwanuka on bail.

Gidudu explained that the continued stay of the suspects in Luzira prison has seen the case take off, compared to the earlier Shs 165bn case that was dismissed.

The judge also observed that despite the suspects producing substantial sureties, they did not have the capacity to pay the Shs 88bn in question in case the suspects fled.

Justice Gidudu promised to hear the case within one month, and to set the suspects free if he finds they do not have a case to answer.

Defense lawyers had also argued that the suspects would not flee the country, since they deposited their passports with the court. Justice Gidudu said there are many suspects who have managed to leave the country, even with their passports in court. 

In his ruling, Gidudu said that despite the suspects presenting exceptional circumstances for bail like advanced age and ill health, they cannot outweigh the colossal amounts of money in the case. Read more

2010 bombing trial: Kenyan police officer contradicts himself

The defence lawyers in court

On Monday, the High court, which is trying the 13 men accused of having masterminded the Kampala twin bombings of July 11, 2010, got heated up when Kenyan police officer Paul Maingo contradicted his evidence under  cross-examination by defence lawyers led by Caleb Alaka. 

Maingo had earlier told Justice Alfonse Owiny-Dollo’s court  that $35,990 (about Shs 138.8m), which allegedly financed the plot to bomb Kampala, was wired from UK by one Omar Aziz Omar to suspect Omar Awadh Omar who was in Kenya.

But during cross-examination, Maingo failed to prove that indeed Omar Awadh Omar was the recipient of the money. SIRAJE LUBWAMA and DERRICK KIYONGA  recorded the proceedings and below are excerpts:


Clerk: Uganda Vs Hassan Hussein Agade and 12 others.
Alaka: For the record, I am Caleb Alaka, the defence lead counsel. My lord, we are ready to cross examine the witness. Mr Paul Maingo, let’s start with your self-recorded statement. You said you received information in May 2010 that Omar Awadh Omar was hosting suspicious people at his residence and that when you went there to check, you recovered a lot of military fatigues which included military uniforms, military bags and boots. Is it a crime in Kenya for a civilian to be found with such military fatigues?

Maingo: It is a criminal offence.
Alaka: Why is it a crime?
Maingo: I don’t know.
Judge: [Shocked] You don’t know why it’s a crime? Can you imagine if everybody is allowed to put on military fatigue what would happen?
Alaka: Has Omar Awadh Omar ever been in the Kenyan military?
Maingo: I don’t know.
Alaka: Omar Awadh Omar was arrested, interrogated and was released. Is that true?
Maingo: That is true.
Judge: Why didn’t you tell court why he was released?
Maingo: A file was opened and it was sent to the DPP [Director of Public Prosecutions] who advised that he should be released.
Alaka: Is that in your statement?
Maingo: No.
Alaka: Are you sure about that? Look at your statement; is it true you interviewed Hassan Hussein Agade [the accused]?
Maingo: Yes and he confessed that he was involved in the [bomb] attack in Kampala. He also said Omar Awadh Omar was involved in the planning of the attack. He said he had saved Omar’s line in his phone as ‘Boss.’ He also said that he used to get money from the Boss [Omar Awadh Omar].

Alaka: When you were interviewing Hassan Hussein Agade, what was your rank?
Maingo: Superintendent of Police.
Alaka: As superintendent of police, when you get a suspect of that nature, what do you do?
Maingo: I give instructions to a junior officer to record a statement.
Alaka: Did you give an order?
Maingo: Yes, I did.
Judge: Yesterday you told me you interviewed him personally.
Maingo: I was in a group of other police officers.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: He confessed verbally.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: I did not.
Alaka: Do you have anything to show court that Agade confessed?
Judge: If someone says I am the one who killed that person, what does the law say?
Maingo: He makes a confession.

Alaka: According to Kenyan law, a police officer who records a confession statement is supposed to be at what rank?
Maingo: Inspector of police.
Alaka: Is Superintendent of Police above the rank of Inspector of Police?
Maingo: Yes.
Alaka: Did you record one [confession statement]?
Maingo: No, I didn’t know who recorded it but what I remember is a confession was recorded.
Alaka: Did you see one [recorded statement]?
Judge: And this is a senior police officer [Maingo] who knows the procedure. If there is no confession, there is supposed to be a charge and caution statement; there seem to be none.
Alaka: Let’s go to the money as per your statement. Were you there when Ali Musa collected the said US$ 35,990 that allegedly facilitated the Kampala terror activities?
Maingo: No.
Alaka: Did the Qaran forex bureau manager tell you if it was Omar Awadh Omar or Ali who collected the money?
Maingo: No.

Alaka: You received that information in July 2011?
Maingo: In my statement, I indicated July but it was June.
Alaka: You made this statement in September 2011. So, after five years, you now recall it is not July but June?
Maingo: The $35,990 was sent from UK by Omar Aziz Omar to finance terror activities. [Laughter in court]
Alaka: Where did you get information that this money was in US dollars?
Maingo: From the manager of Qaran Express forex bureau.
Alaka: Does that document [printout for Qaran forex bureau] talk about the kind of currency?
Maingo: No.
Alaka: A person reading that printout cannot know that it was in US dollars.
Maingo: I put it in my statement that the money was in US dollars.
Alaka: Does your statement say Mohammad Mogi, the manager of Qaran forex bureau, wired this money on different days till June 2010 in US dollars?
Maingo: I interviewed Mogi.
Alaka: Did he tell you that the money was in US dollars or does the printout show that this money was either in pound sterling or in US dollars or is it indicated in you self-recorded statement?

Maingo: It is not there.
Alaka: Did you establish that any of that money was used to assemble devices which were used to bomb Kampala?
Maingo: I attended the interview but I did not know whether the money from Omar Awadh Omar was used for devices which were used to bomb Kampala.
Alaka: Did you make further analysis whether this money left the forex bureau? 
Maingo: There is no such indication.
Alaka: Did you establish whether any of this money was used to pay suicide bombers?
Maingo: No.
Alaka: Did you get bank statements for any of the accused persons?
Maingo: No.
Alaka: Did you establish whether any of the money was sent to Kampala by Omar Awadh Omar?
Maingo: I did not.
Alaka: You did analysis and found out that Safaricom line No. 0727-555-555 was registered in Omar’s names. Did you find out in your analysis whether it had M-Pesa transactions?
Maingo: No, I didn’t.
Alaka: Was it not important to analyse?

Maingo: To me, it was not important.
Alaka: What is M-Pesa?
Maingo: Sending or receiving money by phone.
Alaka: Did you find out what work Omar Awadh was doing?
Maingo: No.
Alaka: Did you interview Isa Luyima [accused] or any of the accused persons?
Maingo: No.
Alaka: Did you indicate the amount of money Hassan Hussein Agade used to receive?
Maingo: No.
Alaka: Did you analyse Hassan Hussein Agade’s CDR [Call Data Record]?
Maingo: I did not.
Alaka: Did you establish whether the mobile number ending with 555 used to call Omar Awadh Omar the boss?
Maingo: No.
Alaka: Look at the printout of Qaran Express bureau; does it bear a date it was printed?
Maingo: It is not indicated on the printout but it was printed on 4th July 2011.
Alaka: Does the printout bear the name of the person who printed it?

Maingo: It doesn’t but it indicates Mohammed Mogi as a payee.
Alaka: Does the document indicate how money was transacted?
Maingo: It indicated phone number 0727-555-555 as the contact number.
Alaka: Does it show that the money was paid to Omar Awadh Omar?
Maingo: It does not indicate.
Alaka: Did you get the mobile number of Qaran express forex bureau’s Mohammed Mogi?
Maingo: It is in my notebook.
Alaka: Did you make any analysis as to whether there was a phone contact between Mogi and Omar Awadh Omar?
Maingo: No, I didn’t.
Alaka: Is Mogi a Kenyan name?
Maingo: I don’t know.
Alaka: In the whole of Kenya, is there any name called Musa Dhere?
Maingo: I don’t know.
Alaka: Is Musa Dhere’s phone number or photograph reprinted in that printout?

Maingo: No, my lord.
Alaka: Do you know the meaning of the word Dhere?
Maingo: I don’t know.
Alaka: Is it a Kenyan name?
Maingo: I don’t know.
Alaka: Did the Qaran [forex bureau] manager record Dhere’s identity card?
Maingo: No, he did not.
Alaka: You talked of a transaction from 15th November 2009, 11th December 2009 and 4th June 2010; does it indicate who paid the money?
Maingo: It does not indicate the payee.
Alaka: Is a person called Faisal you talk about indicated in the printout?
Maingo: No, my lord.
Alaka: Does the death of Musa Dhere, whom you claim was shot in Somalia, appear in your document?
Maingo: No, it is not there.

Alaka: Is it indicated anywhere that Mohammed Hamid or someone else took money on behalf of Omar Awadh Omar?
Maingo: No, it does not show.
Alaka: Are you sure Omar Awadh Omar was arrested from Uganda?
Maingo: I was informed.
Alaka: Has [the] Kenyan government ever requested the extradition of Omar Aziz Omar from UK?
Maingo: No.
Alaka: Did you or Corporal Jackson Chacha of Kenya anti-terrorism police establish the relationship between the mobile number ending with 555 and the UK telephone numbers?
Maingo: None of us established.
Alaka: There is evidence that there were other numbers from UK that were in contact with a telephone number that ends with 555.
Maingo: I don’t know.
Alaka: You linked Omar Awadh Omar to Ali Musa just because of the telephone communications on mobile number 0727-555-555?
Maingo: Yes.
Alaka: No further questions. Read more