Kayihura not served with criminal summons, says police

KAMPALA.
Police has maintained that it is yet to receive summons from Makindye Chief Magistrate’s Court where the Inspector General of Police, Gen Kale Kayihura, is expected to appear for alleged torture on Dr Besigye’s supporters last month, the police spokesperson, has said.

“In private prosecutions, the private prosecutor is mandated by court rules to issue summons and serve them to the accused persons. It is about a week and the summonses have not been served to us,” Mr Fred Enanga said while addressing the media Monday.

Other senior police commanders summoned include Andrew Kaggwa, former Kampala Police South Regional commander, James Ruhweza, former Kampala Metropolitan Police commander of operations, Samuel Bamuzibire, former Kampala Metropolitan Police Field Force commander, Patrick Muhumuza, former Kampala Metropolitan Police South operations Field Force police commander, Wesley Nganizi, former Kampala Metropolitan Police North Regional police commander, Geoffrey Kaheebwa, former Kampala Metropolitan Police South Deputy Regional Police Commander, and Moses Nanoka, former Wandegeya Division police commander.

Mr Enanga described the delayed deliverance of the court summons to the accused persons as malicious, vexatious and abuse of court process.

“In their attempt to promote access to justice, they (prosecutors) are abusing court process by failing to validly summon the police to enable us prepare our defense in an effective and timely manner,” Mr Enanga said.

A total of 20 private lawyers have been lined up to take on Gen Kayihura and other senior commanders on August 10th when they are expected to plead to torture charges contrary to section 4, 7, 8, 9 and 10 of the Prevention and Prohibition of Torture Act of 2012
According to the charge sheet, its alleged that Gen. Kayihura along with the forenamed senior officers and other police commanders still at large, being superior officers of the Force, in various places in and around Kampala, between 2011 and 2016, most notably on the 13/07/2016 and 14/07/2016, are liable for the acts of torture committed against supporters of Dr Besigye.

jkato@ug.nationmedia.com