Army Court Respects High Court Order; Sejusa Brags

Sejusa waves to his relatives and friends before bording the bus back to Luzira

The Grade One Magistrates Court in Kasangati has set Monday 21, illness hospital February to determine whether it has jurisdiction to handle the case that was filed by Forum for Democratic Change (FDC) presidential candidate, order Dr. Kizza Besigye praying that court orders Police to vacate his premises.

Besigye has for the last one month remained under house arrest, medications to “prevent him from causing unrest in the Capital Kampala”

Yesterday, the Deputy DPP Caroline Nabaasa on behalf of the respondents asked for more time saying that they were not ready with their sworn affidavit in response to the accusations.

The DPP says the Kasangati Grade One Magistrates court is not suited to handle Besigye's application

The DPP says the Kasangati Grade One Magistrates court is not suited to handle Besigye’s application

On return to court today, Nabaasa told court that the IGP Kale Kayihura had sent no representative and asked court to proceed with the case since she was standing in for the State.

She then raised two objections before court, noting that the plaintiff had no right to file the case as a criminal matter.

“This matter is an act of court abuse and we pray that it is either handled as a civil matter, constitutional matter or dismissed,” Nabasa told court.

The court was fully packed

The court session was fully packed

“Even if the matter was to be handled as a civil case, the parties in court would be the Attorney General (AG) and not the offices of IGP and RPC that cannot be sued,” Nabasa said.

The other objection raised was that there is a parallel case which is due for hearing before the Civil Division of the Kampala High court with similar prayers.”

“Our prayers are that this court dismisses the case to let it be handled by the High court. This court shouldn’t condone an abuse of the court process.”

She added, “Let this case be consolidated with that before the High Court and let the matter be dismissed; we pray that court doesn’t create a precedent that will lead any member of the public to take up the duties of the DPP and open up cases against people who are legally immune.”

Besigye's lawyer David Mpanga

Besigye’s lawyer David Mpanga

In their response, the plaintiff, lawyers led by Counsel David Mpanga labored to explain to court that it has all the jurisdictions necessary to handle the matter which are guaranteed under the Police Act.

“This matter isn’t a private prosecution and being argued by the DPP, it is an application brought under the Police Act that mandates that a person that is detained or arrested shall be brought before the courts of law within 48 hours or released on police bond,” Mpanga argued.

Mpanga told court that the very Police Act mandates that aggrieved parties serve the Police and gives rights to the Magistrates to act.

Magistrate Prossy Katushabe

Magistrate Prossy Katushabe adjourned the case to net week 

Mpanga also dismissed claims that the IGP as well as the RPC are immune revealing that Article 213 (4) proves that the IGP like any other Ugandan is subject to the laws of the country.

Mpanga further informed court that the case in the High Court is not parallel to the one before the Magistrates Court, only that it has got a lot of prayers that must be determined by the High Court.

Magistrate Prossy Katushabe told the two parties that the ruling on these matters would be determined by court on Monday 21, February since today was the Probono Day.

“We are all under instructions by the Chief Justice to adjourn all matters to a later date since today is a Probono day as you are all aware,” Katushabe said.


Following the High Court ruling issued last week by Justice Oumo Oguli staying the trial of Gen Sejusa until his miscellaneous application is disposed off; The General Court Martial has today complied with the ruling and stayed the hearing until the disposal of the main case in High court.

The General Court Martial Chairman Major General Levi Karuhanga was this morning shown the order staying the proceedings from the High court by the defense counsel David Mushabe.

In response the chairman Gen Karuhanga said that his court would as requested put on hold the proceedings until the case in High Court is done.

Meanwhile, medications in the High Court ruling, cure Gen Sejusa was advised to reapply for bail in the High Court’s Criminal Division which his lawyers have already done.

As such, viagra approved Judge Advocate Lt Col Gideon Katinda today advised court not to release Gen Sejusa as earlier on prayed for by the defense counsels, noting that this would violate the High court ruling since a free man cant seek bail. Gen Sejusa was thus remanded back to Luzira Prison until 31st April 2016.”

Gen Karuhanga stated that despite being ordered by a higher court to put the case on hold, the High Court ruling didn’t order for his release, but asked the complainant to seek bail in another court, which he can only do while in prison.

Earlier during the session, there was a tag of war between state prosecution and the defense side on when the High Court order should be enforced.

The lead prosecutor Col Asingura Kagoro had asked court for more time to study the ruling since defense Counsel Mushabe had just served it to them.

“This is an ambush because this ruling was signed by the judge on 15th March 2015 but counsel decided to keep it with motives known only to him,” Kagoro submitted.

However, this was objected by Counsel Mushabe saying that a court order needs no reply and state has to simply obey it.

“There is no need for the state to go to the Library to study this court order because I have never heard it anywhere.”

Unlike in the past, today Gen Sejusa after the session spoke out to his friends and relatives before boarding the Prison bus.

“They have no other option but to release me” he said, waving his hands.


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