KAMPALA- Two angry citizens have dragged the Attorney General to court seeking for orders to have the detained former IGP Gen Kale Kayihura released or presented in any competent court of law.
In their suit filed before the High Court Civil Division, Mr Issa Ogomba an advocate and Ms Sarah Rukundo a UCU student want orders that either the Army unconditionally releases Gen. Kayihura from detention or produces him before court because the mandatory 48hrs lapsed.
According to the court documents seen by PML Daily, the two want a declaratory order that the actions of the respondent through his agent known as the Uganda Peoples Defense Forces of detaining General Kayihura without trial and beyond the required time of 48 hours is unconstitutional and violets the detainees’ right to liberty.
They also want a permanent command restraining the respondent (AG) from continued detention of the aforementioned detained without trial and costs be provided for.
“Since his arrest on June 13 to date, he has never been charged with any offence in any court or court martial nor released by the military on any temporary terms to his grave detriment and his continued detention is illegal, unconstitutional and malicious and in contravention of the supreme law of Uganda,” reads in part the sworn documents of the two.
The two claim they have no relationship or nexus with General Kayihura’s family but as citizens, they have a duty to enforce each other’s rights.
They also state that ever since the former IGP was picked from his upcountry farm in Kashagama, Lyantonde District, and airlifted to Kampala, he has never been formally charged with any criminal offence or arraigned before any court which contravenes Articles 20, 21, 23, 24, 28 and other provisions of the constitution.
They claim that in the interest of justice, their application to be allowed as the continued detention of the former IGP amounts to an abuse of his constitutional right to liberty, freedom and speedy trial and if the respondent’s agents are not stopped it will result into a continued violation of the same constitution.