Activists demand Kakwenza’s freedom

Human rights activists have demanded the unconditional release of novelist Kakwenza Rukirabashaija, who has been in detention for a week in an unknown facility without access to his lawyers or family.

Pen International, a global organisation, said in a statement that they fear for his safety and wellbeing given the fact that he is being held incommunicado.

“PEN fears for his safety and wellbeing as the security forces continue to hold him incommunicado and without charging him in a court. We demand that Uganda authorities immediately and unconditionally release Kakwenza and stop harassing him for his opinion and exercise of freedom of expression,” Pen International statement reads in part.

Mr Rukirabashaija, famed for his novel titled, The Greedy Barbarian, was arrested on Tuesday, and he has been detained beyond the 48 hours that are mandated in the Constitution.

Police allege that they are investigating allegations of offensive communication under the Computer Misuse Act against Mr Rukirabashaija.

His lawyer, Mr Eron Kiiza, said he hasn’t been able to reach his client despite repeated visits to several police stations.

Police spokesman Fred Enanga said Mr Rukirabashaija is being held on offences of offensive communication under the Computer Misuse Act, and the case file has already been submitted to the office of the Director of Public Prosecutions.

According to Section 25 of the Computer Misuse Act 2011 on offensive communication, “Any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both”.

Twenty four currency points is an equivalent of Shs480,000.
Mr Enanga said they suspect Mr Rukirabashaija’s case file will be returned today with instructions.

Mr Rukirabashaija is alleged to have tweeted about a range of issues, including military personality, human rights and management of government resources.

Three years ago, the Inspector General of Police Martins Okoth Ochola issued directives that officers must observe human rights and freedom of suspects, including allowing them to access their relatives and legal representatives as provided for in the Constitution.

Other arrests

This is the third time Mr Rukirabashaija is being arrested by security personnel. In all incidents, he has claimed that he was tortured. He was arrested in April and September 2020.