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Hearing of inciting violence case against Besigye, Mukaaku flops

Former presidential candidate, Dr Kizza Besigye and his co-accused Samuel Lubega Mukaaku in the dock during their bail application hearing at Buganda Road Chief Magistrate's Court on July 1, 2022. PHOTO/ ABUBAKER LUBOWA

What you need to know:

  • The duo appeared before Buganda Road Court Grade One Magistrate, Fidelis Otwao, who further adjourned their case because the trial magistrate Asuman Muhumuza was not available.

The hearing of the case in which Dr Kizza Besigye and Samuel Walter Mukaaku are accused of inciting the public over high prices of commodities has been deferred to June 21.

The duo appeared before Buganda Road Court Grade One Magistrate, Fidelis Otwao, who further adjourned their case because the trial magistrate Asuman Muhumuza was not available.

However, the prosecution led by Mr Ivan Kyazze indicated that he was ready with a witness but the hearing of the case could not go on in the absence of the trial magistrate.

Dr Besigye and Mukaaku are facing a charge of inciting violence over high commodity prices in Kampala last year.

They were arrested by police while addressing traders over the skyrocketing prices of commodities in the country on June 14, 2022 at Kikuubo Shawurayako in Kampala City.

The prosecution accuses them of staging an illegal assembly where they allegedly made statements indicating that it would be desirable to demonstrate, which was an act calculated to cause damage and destruction of property.

So far prosecution witnesses who have testified in the case include David Nahamya, the head of Operations at Kampala Central Police Station (CPS). He said that Besigye and Mukaaku's actions caused commotion downtown and disrupted business.

Nahamya said that he was at CPS when he was called by the officers in the CCTV room informing him that there was a group of people gathered at the Qualicel building at Mini Price and that there was a lot of commotion.

The Court heard that as an officer in charge of operations, he had to mobilize police officers to go and find out what had caused the gathering.

He said that when they proceeded downtown, they found commotion and Dr Kizza Besigye had parked his vehicle in the middle of the road together with Mukaaku.

“Upon reaching there, we found Dr Besigye in the middle of the road together with his co-accused Samuel Walter Mukaaku in his car. The two had a speaker (megaphone) and were calling upon people to rise up against the government,” he told court presided over by Grade One Magistrate Asuman Muhumuza.

He added: “He (Dr Besigye) said that ‘Ugandans wake up and we come together so we can save our country’,” ASP Nahamya told the court.

During cross-examination, Dr Besigye’s lawyer, Mr Erias Lukwgo, tasked ASP Nahamya to tell court the exact place where his clients committed the offence.

“I could not remember everything because it is a long time now and the fact [is] that I am only human,” he responded.

Mr Lukwago also asked court to have Dr Besigye’s vehicle, which was impounded, released since the officer who towed it had testified in court.

In October 2022, Grade One Magistrate Asuman Muhumuza ordered the State to return Besigye's vehicle which had been impounded.

The vehicle is yet to be released to Besigye.