The High Court of Uganda (
Yasin Nyanzi, J.) has granted bail to a Member of Parliament who is awaiting trial before a court-martial. The matter was handled
ex parte because the Director of Public Prosecutions refused to appear, claiming he has no role in court-martial cases.
This article from
New Vision chronicles the strange case of
Michael Kabaziguruka through the court system. It is not a pretty picture. Excerpt:
NYANZI CALLS FOR AMENDMENT OF LAW
Before delivering his ruling, Justice Nyanzi called on the Law Reform commission, Parliament and individual members, to make amendments in the law so that in future the DPP does not simply refuse to respond to matters before court.
“This is not the first time the DPP has refused to prosecute matters arising out of the army court. The same applied to Gen. [David] Sejusa’s case in February,” the Judge noted.
SIMILAR CASE WHERE BAIL IS HEARD UNOPPOSED
On April 1, the head of Criminal division of the High Court in Kampala, Justice Wilson Masalu Musene, also granted the former co-ordinator of Intelligence Services, Gen. David Sejusa alias Tinyefuza, a non-cash bail of sh10m, after prosecution declined to oppose his bail, saying his case arises from the GCM.
“Why should court send the applicant back to Luzira when the constitution grants High court judicial powers in all matters? Even if there is no appeal or reference from the GCM, court cannot chase Sejusa from the temple of justice. I, therefore, grant him bail,” Musene stated.
Sejusa was battling charges of absence without leave (AWOL), two offences of participating in political activities, insubordinate behaviour, as well as two counts of conduct prejudicial to good order and discipline expected from an army officer before the GCM.
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