Lawyer Challenges Kayihura Torture Case

2103 Views Kampala, Uganda

In short
A Ugandan lawyer has petitioned the constitutional court challenging a decision by a lower court to summon the Inspector General of Police to appear before it.

A Ugandan lawyer has petitioned the constitutional court challenging a decision by a lower court to summon the Inspector General of Police to appear before it.
Robert Rutaro, of Candia and D.W Oundo Advocates on Katalima Road in Naguru, Kampala, sued the Attorney General after the Makndye Chief Magistrates Court summoned General Kayihura and seven other senior police officers.
The officers face charges of torture and inhumane treatment contrary to sections 4, 7, 8, 9 and 10 of the Prevention and Prohibition of Torture Act, 2012. The criminal case was brought under private criminal prosecution.
Rutaro who filed his application at 5pm today wants court to declare that the action of the Chief Magistrates court of Makindye to issue criminal summons to Kayihura and the other officers contravenes Article 28(1), 3(2), 44(c), 20(1)(2) and 2(1) of the constitution.
Rutaro in his application argues that Kayihura and the other officers have not been given time to prepare their defense. He adds that the officers have been denied their right to know which specific acts of torture they committed before appearing in court.
Last week, the court issued criminal summons signed off by Makindye Chief Magistrate Richard Mafabi. In the summons, the police chief and the other officers are "commanded by the Uganda government to appear in this court on the 10th day of August 2016 at 10am or soon thereafter as the case can be heard."
Some of the officers facing torture charges include three commanders who are currently on suspension. They include Andrew Kaggwa who until the suspension was Kampala South Regional commander and Samuel Bamuziibire, the suspended Kampala Metropolitan Field Force Unit commander.
Others are Patrick Muhumuza, operations commander of Field Force Unit - Kampala Metropolitan South who is also on suspension and Moses Nanoka, who was suspended as Wandegeya Division police commander. Also on the list are James Ruhweza who is head of operations, Kampala Metropolitan, Wesley Nganizi, Regional police commander, Kampala North, and Geoffrey Kaheebwa, Deputy Regional Police Commander, Kampala South.
Most of these commanders are already undergoing prosecution in the Police disciplinary court.

The private lawyers who instituted the criminal charges against Kayihura and his officers allege that the eight suspects, being superior officers of the Uganda Police Force, in various places in and around Kampala, are liable for the acts of torture committed against supporters of Dr Besigye between 12th and 14th July 2016.
Some of the victims who are pinning the officers include; Joseph Kaddu, Andrew Ssebitosi, Rogers Ddiba and other boda-boda riders. 


About the author

Dear Jeanne
Dear Jeanne is a URN journalist based in Kampala. Jeanne has been a URN staff member since 2014.

Jeanne started out as a political and crime reporter for NBS television in 2010. She went on to become a news director at the station before leaving in 2012 to join The Daily Monitor as an investigative reporter in 2012.

Jeanne is ambitious to improve her investigative reporting skills. Jeanne’s focus for much of her five year career has been to report on crime and security.