KAMPALA – After 18 months of hearing the case in which jailed Boda-boda 2010 patron Hajji Abdullah Kitatta is facing charges of unlawful possession of firearms and military stores, the General Court Martial has set May 13, 2019, as the judgment day.
Lt .Gen Andrew Gutti the court’s chairman announced the date after the summing up of all the evidence of both the prosecution and defence witnesses by the court’s Judge advocate Col Richard Tukachungura.
He also advised the members of the court to put in mind the relevant sections of the Firearms and Ammunition Act before determining on whether Kitatta and the group are guilty or not .
Col Tukachungura told the seven-member court to draw the attention on section 43 of the Firearms Act Cap 99
Exception from the Operational Act that any member of the police force or prison in respect of any firearm the property of government issued to him or her for the performance in her duties as such cannot be found guilty.
“In view of this it is my advice that this court should you find that the arms or ammunition in which Ngobi [Kitatta’s body guard]where officially given to him where in line of his duty as a police officer then he will be acquitted off the charges, however, should this court find it contrary then he should be found guilty and convicted as charged,” Col Tukachungura said.
However he also advised that if court finds that all ingredients have been proved beyond reasonable doubt of the other accused persons then they should be found guilty and convicted as charged, however if court finds that the evidence against them has not been proved beyond reasonable doubt then they will be found not guilty and acquitted of the charges.
Mr. Kitatta is charged with nine others who include; Joel Kibirige, Matia Senfuka, Hassan Sebatta, John Sebandeke, Hussein Mugema, Fred Bwanika, Amon Twinomujuni, Sowali Ngobi and Ibrahim Ssekajja.
The army prosecution states that on January 21 at Vine Hotel in Wakaliga, Nateete in Rubaga Division of Kampala District, Mr. Kitatta and his co-accused were found in possession of two sub-machine guns, three pistols, bullets and military uniforms without a valid firearms licence and which items are the monopoly of the defence forces.
The suspects were arraigned before the military courts under Section 119 of the UPDF Act, which provides for prosecution of a person under military law.
