The seven-member panel of the Makindye General Court Martial chaired by Lt. Gen. Andrew Gutti has set tough conditions the bail given to former Inspector General of Police, Gen Kale Kayihura.
Kayihura who was Tuesday released from Makindye military barracks prison is charged with failure to protect war material and aiding or abetting kidnapping by commission, repatriating Rwandan exiles and refugees and Ugandan citizens to Rwanda between 2012 and 2016.
His lawyer Peter C R Kabatsi of Kampala Associated Advocates, argued that the applicant (for bail) has never been charged with any offence in any court of law in this country and by all accounts.
“He is a very law abiding citizen,” Kabatsi told court, adding that his client has been in prison for over 72 hours which has impaired his health hence needs to be taken out of the country for treatment.
But the state opposed the bail application citing possible interference with investigations.
Led by Raphael Mugisha, the state argued that if Kayihura was to be released, court ought to put stringent terms on him.
Gen Gutti said the court concurred with lawyers that Kayihura has never been convicted; he is of advanced age, has a health problem and has presented substantial sureties.
Maj Gen Samuel Kavuma (deputy commander Land Forces), Maj Gen James Mugira, Entebbe municipality MP Rosemary Tumusiime (relative) stood surety for him.
Gen. Kale Kayihura has been granted bail on the following conditions, he is restricted to stay within the district of Kampala and Wakiso except with permission from court – Gen Andrew Gutti, Chairman of the Gen. Court Martial of the UPDF. Watch VIDEO to find out more… #NTVNews pic.twitter.com/NiL3DicXJv
— NTV UGANDA (@ntvuganda) August 28, 2018
“This court finds that this is a case where bail should not be denied to the applicant,” Gen Gutti ruled, sparking off wild cheers and ululations in the court room.
He then restricted Kayihura to stay in the districts of Kampala and Wakiso, saying he is not allowed to leave without the court’s permission.
Kayihura will also report to court once every first Monday of the month.
He is not to travel outside the country without court clearance.
Gen Gutti set bail at Shs10m non-cash. Each of the sureties were asked to pay Shs5m non-cash.
Kayihura will report to court whenever required. If he breaches any of the conditions, the bail will be cancelled.
Gen Gutti adjourned the main case to September 4, 2018 for mention.
Section 122 (1) of the UPDF Act, reads that a person subject to the military law who fails to protect war materials, misuses or sells them, commits an offense and on conviction, is liable to suffer death.