Crime & Investigation

Lawyer Petitions Constitutional Court to Block Gen Kayihura Trial

IGP Gen Kale Kayihura faces court on charges of alleged police brutality

A city advocate has petitioned the Constitutional Court challenging criminal charges preferred against the Inspector General of Police, health http://crfg.org/wp-content/plugins/woocommerce/includes/class-wc-countries.php Gen Kale Kayihura and his junior commanders.

Makindye Chief Magistrates’ Court recently summoned Gen Kayihura to answer to charges of brutality exhibited by junior police officers while beating up Dr Kizza Besigye’s supporters.

Robert Rutaro of Candia and D. W. Oundo Advocates has asked the Constitutional court to declare as “unlawful the act of charging these police officers with offences of torture that allegedly arise from their official duties.”

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Rutaro says it’s illegal for Makindye Magistrate’s Court to charge the officers with offenses whose facts are not particularized, adding that this does not give them an opportunity to prepare their would-be defence in court.

Rutaro wants a declaration that that failure to specify the acts of torture contravenes the right to fair hearing and is inconsistent with the constitution.

As one of the means of defending Kayihura and his men, Rutaro has  gone ahead to hail the police act of beating FDC supporters, saying it’s their “constitutional  duty to regulate the crowds  and promote law and order” and  that it’s against the constitution to charge the officers of “executing their duties.”

Makindye Magistrate Juliet Nakitende has since demanded that Kayihura and 7 other cops appear before her and plead to charges of torture and beatings privately preferred  against them  by two Ugandan citizens.

The police officers are accused of brutal arrests, beatings and destruction of property between years 2011 and 2016 whenever former presidential candidate Dr Besigye passed around Kampala city centre and its suburbs.

Illegal

According to Rutaro’s submissions, the charges are illegal and that court should discontinue them.

The accused junior officers are currently facing disciplinary action by the police leadership.

He also seeks a declaration that charging officers before the police tribunal as well as Makindye Court with different charges based on the same facts amounts to double jeopardy and is inconsistent with the Constitution.

Kayihura has since vowed to take a deeper probe into the alleged cases of brutality.

While Gen Kayihura and his officers are expected to appear before court on August 10, Police spokesperson Fred Enanga in a weekly press briefing revealed that they have never received any court summons.

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