KAMPALA, Uganda
By last evening, police and the army were still deployed at the residence of former presidential candidate Robert Kyagulanyi, alias Bobi Wine, in Magere Village, Kasangati Town Council, Wakiso District, despite court earlier ordering them to leave his home immediately.
Instead, military and police deployments had
been reinforced and checkpoints on the road to his residence had also been
increased from two to four when our reporter went to Magere at about 9:30am.
Two cars carrying journalists were stopped at
the second roadblock and ordered to go back. Many cars heading to or returning
from Magere were thoroughly checked.
Mr Kyagulanyi told our reporter by telephone
last evening that his home was still under heavy deployment, hours after the
court ordered security forces to leave.
“The situation at my place is still the same
and police have not left. We know they are still waiting for the order from
‘above’ as they have always waited for Museveni to tell them [what to do],” he
said.
After the court ruling yesterday, police
spokesperson Fred Enanga said they would abide by the orders and vacate Mr
Kyagulanyi’s home.
Yesterday morning, the High Court ruled that Mr
Kyagulanyi’s continued confinement at his residence is illegal.
The runner up in the January 14 presidential
elections has been under house arrest since voting day. Nobody is allowed to
leave or enter the home.
Last week, Mr Kyagulanyi and his wife Barbara Itungo through their lawyers
petitioned the High Court to declare the security siege illegal. In his ruling
yesterday, Justice Michael Elubu said: “Having found, as I do, that the
restrictions imposed on the applicant are unlawful, it is hereby ordered that
they are lifted. Consequently, an order for the restoration of the personal
liberty of the applicant is hereby issued,” the judge added.
He ordered government to pay Mr Kyagulanyi
costs of the petition. Court further ordered government to restore Ms Itungo’s
liberty.
“The application states that Barbara Kyagulanyi
Itungo (second applicant) is indeed restricted and prays for appropriate
orders. The respondent (Attorney General/government) denies any such
restrictions. In view of the above, this court hereby issues an order for the
immediate restoration of Barbara Kyagulanyi Itungo’s full personal liberty,”
the judge ruled.
The couple had sued the Attorney General, the
Chief of Defence Forces (CDF) and the Inspector General of Police (IGP).
In response in court, the director of police
operations, Mr Edward Ochom, had argued that police was simply giving Mr
Kyagulanyi “necessary protection.”
He also argued that Mr Kyagulanyi organised processions and addressed gatherings, which could spread Covid-19. The State also claimed Mr Kyagulanyi was training NUP members to start riots and sustain an insurrection to remove government.
The judge observed that the above statements
were an inadvertent admission that Mr Kyagulanyi’s movements had indeed been
restrained.
Justice Elubu also rejected the State’s
argument that Section 24 of the same Act empowers police to arrest any person
they suspect is about to commit a crime. “It cannot properly be said that
Section 24 would apply here as stated by the respondent (AG) in their
submissions.
Firstly, the 3rd respondent (police) states the
applicant is not under arrest. Secondly, if he was, then he would have
immediately been dispatched to a police station or produced before a
magistrate,” the judge observed
He said if indeed this was a preventive arrest,
Mr Kyagulanyi would have been formally detained at a police station or produced
before a magistrate.
In October 2011, Kasangati Magistrates’ Court
ordered security forces to vacate the residence of Dr Kizza Besigye, who had
contested against President Museveni in the presidential election. The security
forces had laid siege on Dr Besigye’s home for a week.
In 2016, Kasangati Grade One Magistrate Jessica
Chemery also declared that his confinement at his home was unlawful.
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