KAMPALA – The state has on November 7 told the court that they did not stop Bobi Wine music promoters from organising their Kyarenga extra early this year.
Prosecution led by Ms Josephine Kiyingi told the court that the organizers failed to comply with all the directives set out by the Inspector General of Police (IGP) while organizing the concerts.
It is alleged that the IGP blocked the music concerts where Kyadondo East MP Robert Kyagulanyi alias Bobi Wine had been listed as the main performer in the concerts that were slated at One Love Beach Busabala in Wakiso District, Lira, Gulu and Arua.
In its defence presented before the High Court judge Lydia Mugambe, the Attorney General (AG) states that the music promoters failed to comply with the directives of the IGP in which they were required to provide information to the force in order to continue with their arrangements.
It is alleged the music promoters were warned that the music shows would be stopped in case of any breach of the directives.
The AG and the IGP were jointly sued over the Police decision to indefinitely stop the kyarenga extra concerts’.
Through their lawyers, the music promoters; Abby Musinguzi trading as Abtex Productions and Bajjo Events and Marketing Agency Limited contend that the Police directives were illegal, irrational and an abuse of the powers of their offices.
It is alleged that the decisions were made in violation of their right to a fair hearing guaranteed under Articles 28, 42 and 44 of the Constitution.
But the AG contends that as a result of the noncompliance with the directives, the IGP was obliged to stop the shows.
In his affidavit to support their case, the Director of Operations, Assuman Mugenyi stated the police through his agents exercised their mandate as enshrined in the Police Act, Cap 303 and the Public Order Management Act 2003, because they had reasonable cause to believe that the arrest of the applicants was necessary to prevent them from committing an offence.
Mr Mugenyi asked court to dismiss s the case with costs for being fundamentally defective, incompetent and an abuse of court process.
However, the judge directed the parties to file written submissions by November 21. The judge also directed that the parties shall appear before the court on December 13 for oral submissions before a decision is done.
The music promoters are seeking for court orders quashing the Police decision contained in an April 19, 2019 directive halting Kyarenga Extra Concerts indefinitely and instead direct the police chief to provide security at their concerts.
The music promoters are also seeking for an order restraining and preventing and stopping the IGP and AG and their servants from unduly interfering with their concerts and also stopping the IGP from assuming powers of authorizing and or sanctioning holding of music shows and celebrations of a social nature.
In April this year, the Assistant Inspector General of Police, Mr Assuman Mugenyi directed police commanders to block all planned music concerts by Mr Kyagulanyi.
According to the letter also copied to Abtex Promotions, the organiser of Easter Monday show at One Love Beach Busabala; Kampala Metropolitan Police Commander and all regional police commanders, Mr Mugenyi directed that the commanders must comply because the musician cum politician had always disregarded the set and agreed-upon guidelines for such activities.
