Sheikh Kakande released, hospitalised

Sheikh Twaha Kakande, who was allegedly abducted on October 18 by plain-clothed security operatives— bundled into a drone and detained incommunicado, was released on November 12, the family has confirmed.

Sheikh Kakande was abducted on his way to Takuwah Mosque in Kisenyi–Mengo on the outskirts of Kampala Central Division where he leads prayers.

Despite being released, the reasons for his abduction are not known as the family was not comfortable speaking about the matter.

When this publication contacted one of his relatives yesterday, they confirmed that Sheikh Kakande was released but was unwell and, therefore, had to be taken to a hospital for treatment.

“….he is unwell, so he is hospitalised at a certain hospital whose name withheld,” the relative, who preferred not to be named, told Daily Monitor newspaper yesterday.

Earlier, when he went missing, both the Uganda Police Force and the Uganda People’s Defence Forces (UPDF) denied having him in their custody.

“Our position still stands that the suspect was never apprehended by the police, but only that we share detentions with other security agencies,” Police spokesperson, Rusoke Kituuma told Daily Monitor on November 11.

Several Muslim leaders implored the government to release Kakande or have him produced before a competent court of law in case he had committed a criminal offence.

“It’s better to talk to Sheikh Kakande himself or any family member because they are the ones responsible for him,” an official who spoke anonymously revealed.

Mr Crispin Kaheru, a commissioner with Uganda Human Rights Commission (UHRC), said: “We have not received any complaints from the Sheikh’s family.”

There have been several cases of people who are critical of the government disappearing or being abducted and kept in un-gazetted places, where they are tortured. 

According to the Uganda Human Rights Commission, about 18 National Unity Platform (NUP) supporters including John Bosco Kibalama, Vincent Nalumonso, John Ddamulira, Martin Lukwago, Godfrey Kisembo, and Hassan Mubiru remain missing.

Most of the missing were arrested in the aftermath of protests that broke out on November 18, 2020, after NUP presidential candidate Bobi Wine, was arrested in Luuka District where he was campaigning.

In October, the High Court dismissed a habeas corpus petition filed by NUP lawyers seeking accountability from the government for the disappearance of the 18 NUP supporters, on the basis that it constituted a severe dereliction of its human rights obligations to respect, uphold, protect, and promote the fundamental human rights and freedoms of the applicants, as outlined under Articles 20(2) and 21 of the Constitution. The NUP party President revealed that lawyers would appeal the judgment.

Muslim profiling

This is not the first time that Muslim clerics have been profiled.

In 2017, the International Crimes Division of the High Court sentenced a Muslim cleric and his acolytes to life in prison on terrorism charges.

Sheikh Mohammad Yunus Kamoga, who heads the Tabliq sect, and 13 others were arrested and charged with terrorism and the murder of other Islamic group leaders.

Kamoga and three Tabliq members were sentenced to life, while two others were given 30 years each.

But a day earlier, six of them were convicted on terrorism charges, but all were cleared of murder. The court had acquitted the group of the offence of murder because prosecutors failed to place any of them at the scenes of crime.

In September 2020, a coram of Court of Appeal Justices including Alfonse Owiny Dollo, Cheborion Barishaki, and Elizabeth Musoke overturned the conviction of Sheikh Kamoga and six others on the basis that the ingredients of terrorism had not been proved beyond reasonable doubt.

The law
Article 44 of the Constitution, provides for a class of fundamental rights that cannot be taken away irrespective of any circumstance. The law refers to them as non–derogable rights and these include; freedom from torture and cruel, inhuman, or degrading treatment or punishment, freedom from slavery or servitude, the right to fair hearing, and the right to an order of habeas corpus