Kampala– The International Crimes Division (ICD) of High Court on Thursday granted bail to former Butambala Member of Parliament Hon. Muwanga Kivumbi, together with 16 co accused persons. The six of the accused persons have had their release deferred due to several factors.
Muwanga Kivumbi with 22 others are jointly charged before Butambala Magistrates Court with terrorism contrary to Sections
6(1)(a) and 3 of the Anti-Terrorism Act, Cap 120.
They recently applied for bail on grounds that it’s their constitutional right, they have a presumption of innocence, they have no criminal record, they have substantial sureties and ready to abide by terms court may deem necessary for their release.
“The respondent opposed the bail application through affidavits sworn by D/ASP Lwebuga Johnmary, argued that the applicants should not be released because they face a grave charge of terrorism which attracts a severe penalty upon
conviction.”
That, the respondent further contended that the applicants may abscond, interfere with investigations and witnesses and compromise public safety if
released
However, court overruled the above objection relying on the Constitution presumption of innocence under article 28(3) (a) stating that every accused person is presumed innocent until proven guilty.
In her ruling, Justice Okalany stated that, Court found that applicants had demonstrated fixed places of abode within the jurisdiction of the Court and this was supported by Local Council introductory letters and identification documents.
That secondly, the respondent didn’t provide any proof that once released the applicants would abscond.
On the gravity of the offence, the Court acknowledged that terrorism is a serious offence and that the charge carries a severe penalty. However, the Court held that the seriousness of the offence alone is not sufficient to deny bail.
It was court’s findings that, there was no evidence that the applicants had previously breached bail terms or had other pending charges.
The six applicants who include; Kayanja Kelvin, Ssewanyana Brian, MUWanguzi Brian, Akankwasa lvan, Yusuf Ramathan Kiwanuka and Owori Brian have had their release deferred pending production of additional sureties and their examination.
Bail terms
Hon. Muwanga Kivumbi Muhammad has been released on a cash bond of Uganda Shillings Ten Million only, UGX 10,000,000, well as the rest have been released on a cash bond of Uganda Shillings One Million only.
Each of their sureties has been ordered to execute a non-Cash bond of Uganda Shillings Five Million only, Applicants who own passports must deposit their valid passports and/or travel documents with the Deputy Registrar of the nternational Crimes Division.
The applicants are prohibited from travelling outside Uganda without prior permission of the Court.
Prosecution contends that Muwanga Kivumbi with the co acused persons and others still at large carried out acts in various locations in Uganda, including Kibibi Town Council and Gombe Town Council in Butambala District.
That, the allege acts were said to have been intended to influence the Government or intimidate the public for political or economic reasons.The alleged acts include a violent attack on Kibibi Police Station and the Butambala Electoral Commission Tally Centre, damage to sections of the Butambala-Gomba road, damage to several motor vehicles, and incidents that resulted in the deaths of seven persons: Nagayi Sarah, Nabukenya Aisha. Nampereza Milly, Nakajanko Ruth, Nsamu Abdul Nuru, Miiro Shafik, and Basaliza Davis.
