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The suspects before court
Prosecutors in the case of eight individuals charged with the murder of Major Muhammad Kiggundu and Sergeant Steven Mukasa have requested permission from the International Crimes Division of the High Court to proceed with the trial in the absence of Bruhan Balyejusa, who fled the case months ago.
Assistant Director of Public Prosecutions Lino Anguzu, leading the prosecution, on Monday asked a panel of four judges, chaired by Lady Justice Susan Okalany, for additional time to formally apply to continue the trial without Balyejusa. Anguzu stated that he was uncertain when Balyejusa would be apprehended and emphasized that, in the interest of justice, the court should allow the trial to proceed with the remaining seven suspects who are present in court.
The remaining accused individuals in the case include Sheikh Yahaya Mwanje, Yusuf Nyanzi, Mohammed Buyondo alias Matiya, Abdu Wahab Sendegeya, Musa Ssekandi alias Masanafu, Jibril Kalyango alias Bin Suleiman, and Noordin Lutaya alias Ibrahim Ssemwanga alias Superman.
Defense lawyers, including Caleb Alaka, Evans Ochieng, and Uganda Law Society Vice President Anthony Asiimwe, raised concerns regarding the right to legal representation for an accused person, especially one facing the possibility of a death sentence.
They sought clarity from the court, citing Article 28(3) of the Constitution, which guarantees legal representation for such individuals. The judges provided guidance, and the defense lawyers stated they had no objections to the prosecution’s request for more time to apply for trial in absentia for Balyejusa.
In response, Justice Okalany’s panel ordered the prosecution to file an application for trial in absentia by May 9, 2025, and to serve it to the defense along with submissions. The defense has been given until May 20, 2025, to file their response, with any rejoinder due by May 26, 2025. The court will deliver its decision on May 29, 2025. Justice Okalany emphasized the need for the prosecution to adhere to timelines in future hearings and warned against further delays, stating that the court is monitoring the proceedings closely.
The court also extended the remand period for the suspects until May 29, 2025. Three weeks ago, Balyejusa’s surety, Abdu Swamadu Muyomba, was sentenced to six months in prison for failing to produce Balyejusa in court. Muyomba also could not afford to forfeit the 250 million shillings he had pledged to the court should Balyejusa abscond.
A warrant of arrest was issued for Balyejusa, and other sureties were served criminal summons in the media, although they failed to appear in court. The prosecution has presented evidence that Sheikh Yahaya Mwanje, the prime suspect in the case, was seen near the Northern By-Pass shortly before Kiggundu and his bodyguard Mukasa were murdered in Masanafu, a suburb of Kampala, on November 26, 2016. Mwanje had reportedly made several recordings containing hate speech directed at Kiggundu before the attack.
The DPP’s records show that Kiggundu had expressed fears that Mwanje had threatened to kill him and that Kiggundu was in regular communication with his co-accused, often deleting call logs after conversations. Mwanje, who was the head of Nakasero Mosque, allegedly harbored grievances against Kiggundu and other Muslim clerics who opposed his leadership and the management of mosque projects.
Balyejusa’s flight from the trial marks the second time a suspect has absconded from a high-profile murder case. Several years ago, Shafique Kasujja also fled the case involving the murder of former Police Spokesperson Andrew Felix Kaweesi, which occurred on March 17, 2017. Like Balyejusa, Kasujja faced charges in both the Kaweesi and Kiggundu murder cases, meaning the Kiggundu trial is now missing two key suspects, while the Kaweesi case remains incomplete.
