Sheikh Yahaya Mwanje (right) and others in the dock recently. He has petitioned ICD at the High Court (FILE PHOTO)
KAMPALA- The jailed former leader of the tabliq Muslims, Sheikh Yahaya Ramathan Mwanje has petitioned the International Crimes Division (ICD)of the High Court seeking for the hearing date of his bail application pending trial in connection with accusations of murdering Maj Mohammad Kiggundu and his bodyguard.
According to a letter dated October 2, 2018, to the Registrar of the ICD, Shiekh Mwanje has requested for a hearing date for his bail application citing further violation of his Constitutional right to bail.
“The trial has not commenced as per the order of court and no known date for the hearing of the same matter is anticipated in the near future to the detriment of our client’s right to a speedy and fair trial, “reads the letter.
Two years now in detention, Sheikh Mwanje who is jointly charged with three others were committed to High Court in May 2017 for trial following submissions by the State indicating that investigations into the case were complete.
Other suspects are Sheikh Muhammad Buyondo alias Matiya and Abdul Wahab Sendegeya both boda-boda riders in Kyengera and Musa Sekandi alias Masanafu.
The appeal follows an August 23 order in which High Court Judge Duncan Gaswaga ordered that the trial in the case commences within a period of one month and not later than September 30 this year.
“The Registrar of this court is hereby directed to gives effect to this order. The prosecution should start on a process of disclosure in all fairness to enable defence to start on the preparation of the case,” the judge ordered.
The DPP states that the suspects and others still at large killed Maj Kiggundu and his bodyguard Sgt Steven Mukasa by shooting at around 6:30 am on November 26, 2016when they were heading to Pearl FM Radio in Kampala to participate in a talk show.
“…when they reached at Masanafu trading centre along Sentema Road in Rubaga Division in Kampala, they were attacked by armed people who were travelling on motorcycles. The attackers fired at them several times killing them instantly. After confirming that each was dead, one of the assailants picked Maj Kiggundu’s bag from the vehicle and all fled from the scene,” the indictment reads in part.
The indictment also explains that investigations also established that prior to the murder, there existed a serious grudge in the Tabliq Muslim community over leadership and management of some mosques and projects in the country. As a result of this, factions emerged and some Muslim clerics were branded “bakafiri” (atheists) and were threatened with death. On the list were Sheikh Mustafa Bahiga, Sheikh Hassan Ibrahim Kirya, Maj Kiggundu, Sheikh Jjemba Haruna, Prince Nakibinge and Swadik Ndahura.
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