KAMPALA- The Director of Public Prosecutions (DPP) Mike Chibita has withdrawn charges of terrorism and conspiracy to commit terror acts against the five re arrested 2010 bomb suspects.
In his letter dated September 3 that was presented to court by the Senior State Attorney Lino Aguzu, DPP indicate that he has decided to discontinue the proceedings against all the five accused people.
The suspects include former Imam of Ntinda mosque Dr. Ismeal Kalule who is out on bail, Abubakar Batemyeto, a Kenyan Human Rights activist Owadi Omar Wadi and 2 brothers; Yahaya Mbuthia Suleiman and Muhamad Hamid Suleiman whose brother Suleiman Nyamandondo was convicted of transporting the bombs to Kampala.
Mr Aguzu also presented three deportation letters which he said he received this morning from the Ministry of Internal Affairs in respect of Omar, Mohammed and Mbuthia all Kenyan nationals.
According to the deportation letters dated August 28, 2018 by the minister Gen Jeje Odongo the three Kenyans have been deemed to be an undesirable immigrants by virtue of section 52(g) of the Uganda Citizenship and Immigration Control Act.
” Now therefore by virtue of the powers vested in me by section 60(1) of the Uganda Citizenship and Immigration Control Act, I hereby direct that the three be deported from and remain out of Uganda indefinitely, ” reads in part the minister’s letter.
The letters further state that this order shall be carried into effect by the removal of the said three by deportation and while awaiting to be conveyed to the place of departure shall be kept in custody.
However Justice Margaret Oguli-Oumo has ordered that Omar should be staying with his mother in Bwebajja until his appeal to quash the minister’s order is heard.
Omar through his lawyer Evans Ochieng told court that the minister’s order deprives him off his right to a family. Court heard that his mother is a Ugandan while his father who passed away is a Kenyan.
The five were immediately re-arrested in 2016 with in the premises of Kampala High Court after the then presiding judge Alfonse Owiny Dollo had cleared them of terrorism, murder and attempted murder on grounds that Director of Public Prosecutions (DPP) had filed to connect them to the attacks in which over 70 who were watching the World cup final match at Kyadondo Rugby grounds and Ethopian village restaurant in Kabalagala lost their lives.
According to the new charges that had been sanctioned by the DPP, the suspect while in custody at Luzira prison were found in possession of literature and other material which is aimed at promoting terrorism.
They are said to have committed the offenses between months of February 2012 and March 2016 at Jinja, however it is the time the suspects were undergoing trial on the first charges and were in incarceration at Luzira Prison.