Hundreds of people have converged at the General Court Martial in Makindye, where the former Inspector General of Police Edward Kale Kayihura is appearing for the hearing of his bail application.
Kayihura first appeared before the same court on Friday and charged with failure to protect war materials, failure to supervise police officers and abetting kidnap. The prosecution alleges that between 2010 and 2018, on various occasions, Gen. Kayihura issued guns to unauthorized persons specifically members of Boda-boda 2010, a group of vigilantes headed by Abdallah Kitatta.
Court also heard that during his tenure as IGP Kale Kayihura failed to supervise and ensure accountability for the arms and ammunition issued to specialized units under his office.
It is also alleged that by commission and omission, Kayihura aided and abetted the actions of subordinate police officers to kidnap and illegally repatriate Rwandan exiles, refugees and Ugandan citizens to Rwanda.
Today, Gen. Kayihura asked the General court Martial to grant him bail due to his old age and poor health.
Peter Kabatsi, one of his lawyers told the court that there were special reasons as to why Kayihura deserved bail, one of them being his age of 62 years which has been proved to be advanced age and deserving of bail in previous cases at different courts.
He also provided a medical report showing Kayihura as being not is good health and need for further investigations and possible medication outside the confines of the detention center.
Through his lawyers from Kampala Associated Advocates, Kayihura applied for bail as had been directed by the Court Martial chaired by Lt Gen Andrew Guti in a written application which was presented to court Tuesday morning.
The medical condition was however not mentioned in court on the ground that the suspect deserves a right to privacy.
“I will not go into details of the medical condition as it is already attached on the affidavit and a person has a right to protect his medical details,” Kabatsi told Court.
Kabatsi also based his argument for a bail application on the rank of Kayihura as well as his standing in the society on the ground that he knows very well his responsibility to abide by any conditions the court may impose on him.
His bail application was supported by proof of having a place of abode and a letter from the LCI Chairperson of Ssekindi Zone in Muyenga, Makindye Division.
Kayihura presented three sureties whom he said were substantial and could represent him to court as and when the court deems fit. The sureties included; Maj Gen Samuel Kavuma, the Deputy Commander Land Forces, Maj Gen James Mugira, the Managing Director of the National Enterprise Corporation and Rosemary Tumusiime, the Member of Parliament for Entebbe Municipality.
Gutti, however, asked how the legislator would control a general bringing laughter to the entire court. Tumusiime told Court that as a law maker she would ensure that Kayihura does not disappear and for the first time since he arrived at Court, a smile was seen on Kayihura’s face.
However, the state prosecutor Maj Raphael Mugisha told Court that he had been served barely 24-hours ago and thus had not been able to read and reply to the application. Even without reading the application, Maj Mugisha told Court that the position of the state was that Kayihura should not be granted bail due to the nature of offences he is charged with.
He added that “in case the court deems fit to grant him bail, stringent conditions should be given to ensure that the General attends court.”