MAKINDYE – The state has opposed the bail application of the former Inspector General of Police Gen. Kale Kayihura.
Gen. Kayihura’s lawyers from city law firm Kampala Associated Advocates led by former Solicitor General Peter Kabatsi put up a spirited show in their Tuesday morning submissions to secure freedom for the military general.
But the state prosecution led by Maj. Rapheal Mugisha says the prosecutors were only a served on Monday with Gen. Kayihura’s bail application and needed time to file a reply.
Maj. Mugisha also objected to Gen. Kayihura being granted bail given the nature of accusations against him.
The prosecutor says that in the event that the general was granted bail, the court should exercise its discretion and grant him bail on stringent conditions not to interfere with ongoing investigations and also such conditions should compel him to appear in court whenever he is required to do so.
The GCM Chairman Lt. Gen Andrew Gutti has now adjourned court for one hour to come up with a ruling.
Gen. Kayihura was last week charged with three counts including “failing to protect war materials” and one count of “aiding and abetting kidnapping from Uganda” of Rwanda nationals while he was an IGP.
The former IGP’s lawyers have told court that their client has constitutional right to apply for bail, has substantial sureties, he is of advanced age (62) and is the sole breadwinner for his family, has a fixed place of abode in Muyenga, Kampala so he is entitled to bail by the courts discretion.
Gen. Kayihura has lined up his cousin Entebbe Municipality MP Rose Tukusiime, Maj. Gen. James Mugira and Maj. Gen. Sam Kavuma, the deputy commander of Land Forces of UPDF as his sureties.
General Kayihura also says that he is a lawyer by profession with a masters degree from The London School of Economics, a family man with a fixed place of abode at Sekindi road in Makindye division within Kampala city and his ancestral home in Nyakabande in Kisoro district.
Gen. Kayihura, also through his lawyers further says he his current medical condition needs external intervention having been in illegal detention at Makindye police military barracks for the last 76 days.
Court will deliver a ruling this afternoon
