MAKINDYE – Former Inspector General of Police Gen. Kale Kayihura has on Tuesday August 28 won back his freedom after the General Court Martial granted him bail.
Gen. Kayihura has been in jail for the last 76 days after his arrest by the military from his Kashagama home in Lyantonde on June 13.
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. His lawyers applied for bail but despite the state’s objections, Maj. Gen. Andrew Gutti, the GCM chairman said the court was satisfied with the ex-IGP’s lawyers submissions and granted him bail.
“This is a case where the court should not deny the applicant bail. This court considers the fact that he is of advanced age and has never been convicted of any offense. With a clean criminal record, the applicant needs urgent medical attention,” Lt Gen. Gutti ruled.
He however set conditions before granting him bail which includes; shs10 million not cash, no travel out of the country without permission from the army leadership and court , restricted movement only within Kampala and Wakiso unless permission from court is sought and must report to court once every first Monday of the month and whenever he is required to do so.
His sureties have been bonded at Aha 5 million each not cash.
Gen. Gutti warned that bail will be cancelled if any of the conditions are breached.
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 and presented 11 grounds to secure freedom for the military general.The former IGP’s lawyers have told court that their client has a constitutional right to apply for bail, has substantial sureties, he is of advanced age (62) and is the sole bread winner for his family, has a fixed place of abode in Muyenga, Kampala so he is entitled to bail by the courts discretion among others. They also argued he had a medical condition that needed external intervention.
Gen. Kayihura lined up his cousin Entebbe Municipality MP Rose Tumusiime, Maj. Gen. James Mugira and Maj. Gen. Sam Kavuma, the deputy commander of Land Forces of UPDF as his suretites.
The state prosecution led by Maj. Rapheal Mugisha had objected to the bail application, saying 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.
But the GCM under the command of Gen. Gutti rejected their objections.
Jubilation and tears of joy broke out at the General Court Martial headquarters at Makindye after former Inspector General of Police Gen. Kale Kayihura has been granted bail.
Gen Kayihura’s relatives shouted with joy saying “Kayihura has done a lot for this country and does not need to be jailed”.