Tuesday, November 6, 2018

Kitatta denied bail again

The General Court Martial has for the second time in a row, denied bail to Abdallah Kitatta, the patron of the infamous Boda Boda 2010 outfit. 

Charged with being in illegal possession of warfare materials, a monopoly of the armed forces, Kitatta applied for bail on grounds that his health was deteriorating and Makindye Military Barracks where he's currently detained, cannot offer him the specialised treatment that he's badly in need of.

Kitatta argued that bail was his constitutional right and that he has three places of abode in areas near the jurisdiction of the General Court Martial. These include a home in Rubaga Division, Kampala, another home in Nakasajja, Mukono district and the third one along Entebbe road in Wakiso district.

He produced three sureties who included a State House employee identified as Sulaiman Walusimbi, Mohammad Kibirige, the general secretary of NRM Rubaga Division and Abu Matovu, the LC I chairman of Ddundu parish, Kyampisi sub-county, Mukono district.

But the court presided over by Lt Gen Andrew Gutti stated that Kitatta has the capacity to interfere with the ongoing investigations, and that his lawyers failed to prove that his ailment could not be treated from inside prison. The same reasons were used to deny him bail at the first attempt earlier in June.

"The applicant is a prominent figure in society and is likely to interfere with investigations. The offences against the applicant are capital and if released he is likely to abscond from the court," Gutti said.

Kitatta was arrested in January 2018 together with 10 others; Matia Senfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Fred Bwanika and Amon Twinomujuni. They were all charged with offences related to unlawful possession of military hardware.

The prosecution alleges that on January 21, 2018, in Wakaliga, Rubaga Division, Kitatta, Sowali Ngobi and Ibrahim Sekajja were found in unlawful possession of a sub-machine gun rifle with police registration numbers and a pistol - without a valid firearm license contrary to Section 3 and section 2 of the Fire Arms Act.

The ten are also accused of unlawful possession of 30 and 20 rounds of ammunition for SMG rifles and pistol contrary to section 161 of the UPDF Act. They are also alleged to have also been found in unlawful possession of military equipment including headgear and uniforms which are a monopoly of the defence forces.

Kitatta has since sued the attorney general and the General Court Martial in the High court Civil Division for charging him in a military court yet he is not a member of the armed forces.

In the aftermath of their arrest, the former inspector general of police Gen Kale Kayihura was also arrested and charged for failing to supervise his juniors who offered guns and ammunition to Kitatta's group.


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