KAMPALA: The Court of Appeal has Friday morning thrown out the bail application of Tabliq cleric, Sheikh Muhammad Yunus Kamoga.
Sheikh Kamoga was last year sentenced to 30 years in Luzira after the International Crimes Division of the High Court found him, alongside seven others guilty of terrorism.
In his ruling on Friday, Justice Christopher Madrama maintained a stand he took last week while dismissing the bail application of another Muslim cleric Sheikh Siraje Kawooya. Justice Madrama argued that the two Sheikhs no longer enjoy the presumption of innocence having been convicted of a capital offence.
The judge further explained that since Sheikh Kamoga was also committed to serve the second most severe punishment to death, chances are high that he may abscond once admitted to bail .
Court noted that Sheikh Kamoga showed no proof when he argued that Luzira prison lacked the facilities to care for his old age, his need for special palliative care for hypertension , ulcers and obesity which he claimed could expose him to cardiac complications if left in the prison.
In his appeal, Kamoga argues that none of the prosecution witnesses placed him at the scenes of murder of the sheikhs Mustapha Bahiga and Hassan Kirya, and therefore its fair and just to temporarily release him from prison.
Justice Madrama, however, ordered that the sheikh’s appeal be expeditiously fixed for hearing other than having them released on bail.