Kanyamunyu seeks more time to complete reconciliation process with Akena family

“That application, basically, has two things; plea bargaining and the traditional process (mato-oput), which our client has undertaken in the family of the victim,” Counsel Kabega pleaded with court.

“My lord, the danger is that while we appreciate that the prosecution has a witness, if we proceed to cross examine him, the same might jeopardize the bargain process. Likewise, other issues might come up and damage the cultural process he is undergoing,” Mr Kabega added.

However, Justice Mubiru cut short Mr Kabega’s submissions and explained to him that plea bargaining and mato-oput processes are not a strong reason to stop the trial.

Under the plea bargaining process, an innovation by the Judiciary that is intended to reduce on the case backlog, the accused person voluntarily pleads guilty to the charges in exchange for a lenient sentence.

“We can continue with the trial so that time is not lost because the outcome of those alternatives you are pursuing might not come through as you wanted and we would have lost time. I am open to any option even if you came with a nolle prosequi (a withdraw form of case) now, I can end the trial and likewise, if you came with a plea bargain, it will be considered,” Justice Mubiru told Kanyamunyu’s lawyers.

“What I am proposing is that I continue with the trial and during the course, you can present a substantial option that concludes the trial. So let’s proceed with the trial as you process the application,” he added

But Counsel Kabega further revealed to the judge that they have since had two meetings with the prosecution in pursuit of the plea bargain process.

Justice Mubiru interjected and assured Mr Kabega that he didn’t care about what was happening on the sidelines of the trial.

“The main reason I left Gulu to come to Kampala was to hear cases. You can only bring to my attention a substantial plea bargain offer,” he said.

The prosecution side led by Mr Jonathan Muwaganya, confirmed to court that they had been approached by Kanyamunyu’s lawyers for plea bargain and that no substantial offer had been presented.

“The last position we had was that there should be a substantial offer and the defense side categorically said they need two months. That proposal was not acceptable as we are not agreeable to the long time frame,”Mr Muwaganya responded.

“We see nothing prejudicial to that arrangement. They can always come but the trial has to continue. This court cannot be moved to make an adjournment in an anticipation of an application which is not before it,” he added.

Mr Kanyamunyu through his lawyers on October 16, wrote to the DPP, requesting that he is enrolled under the plea bargaining programme once he is done with the mato-oput process.

He also requested the DPP to remove him from ongoing criminal session before justice Mubiru.

Over a month ago, Kanyamunyu appeared before the paramount chief of Acholi, Rwot David Onen Acana II seeking reconciliation with Akena’s family under the Acholi traditional justice system dubbed mato-oput.

Sources that attended the private mato-oput meeting, said the Acholi elders were convinced with Kanyamunyu’s confession of being behind the murder of their son and that he has since been fined 10 cows and five goats to atone for the loss.

Mr Kanyamunyu is charged alongside his girlfriend, Cynthia Munwangari for the murder of Kenneth Akena, a children rights activist, on November 12, 2016, near Malik Car Bond in Lugogo on Jinja Road in Kampala after the deceased allegedly dented his car.

It’s alleged that in his dying declaration, Akena told his relatives that he was shot by the same people who took him to hospital.

The matter resumes on November 6, 2020 for the judge to decide whether to hear out Kanyamunyu’s application seeking for an adjournment to conclude the mato-oput and plea bargain processes or not.

Kanyamunyu and Munwangari are out on bail.

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