Justice Paul Gadenya Wolimbwa dismissed the application on grounds that Nyanzi is facing a multiplicity of capital offences which attract a maximum sentence death penalty upon conviction and that if he was to give bail in such a matter, he would order for 150 million shillings, not cash.
Justice Paul Gadenya
Wolimbwa has dismissed the bail
application filed by Sheikh Siraje Yusuf Nyanzi, the prime suspect in the murder of the driver
and daughter of Transport and Works Minister, General Edward Katumba Wamala.
the verdict in his ruling read by the Deputy Criminal Division Registrar Festo Nsenga on
Thursday morning. Nyanzi is jointly charged with five others for the
attempted murder, terrorism and the murder of Brenda Nantongo
Katumba and Sergeant Haruna Kayondo
on June 1st 2021 at Kisasi Zone in Kampala District.
He applied for bail through
his lawyers of Wameli and Company Advocates on grounds that he is presumed innocent until proven guilty, has a
fixed residence, is a family man with a wife and ten children to look after and will abide by the bail condition. Nyanzi also told the court that wouldn’t interfere with
the ongoing investigations and that his trial has not yet started, adding that it is most likely to
He presented his wife Summayyah Musa
Namulindwa, his brother-in-law Jamilu Ssebaduka a businessman dealing in
clothes and his friend
Yusuf Jumah Ssemigabo, a
businessman and the Director Answar Moslem High School as his sureties.
However, the prosecution opposed the bail applicant relying on an affidavit
sworn by Desire Wandera,
a Detective Assistant Inspector of Police who is attached to the office of the Director of
Public Prosecutions. Wandera
asked the court to reject the bail application on grounds that the suspect is a former member of the rebel
Allied Democratic Forces, a designated terror and was granted amnesty by the Government of
Uganda in 2013, which
The prosecution also accused that Nyanzi is charged with seven offences that
involve personal violence and carry
the maximum sentence of death upon conviction, arguing
that he is likely to abscond from the trial once released. Justice Gadenday dismissed the applicant on grounds
that Nyanzi is facing various capital offences, which attract a maximum sentence of death upon conviction.
He noted that if he
was to give bail in such a
matter, he would order 150 million Shillings, not in cash. According to Justice Gadenya, this means that if
Nyanzi absconds from the trial, his sureties would be compelled to pay the Government of Uganda, saying that he isn’t sure that the sureties have the
capacity to pay bond fees.
"From the available information presented
on the sureties by the applicant. I am not in a position to determine whether the
sureties have sufficient means to execute the said bond. In the absence of this
information I am unable to hold that the sureties are substantial,” said Gadenya. He also said that despite the fact that
denied the certificate of on-court record but when he looks at the available information, the certificate
belongs to him.
do not doubt that based on the available record information, the person named
in the amnesty certificate is the applicant/Nyanzi. Given the negative
experiences of the applicant and risks attendant to releasing him on bail, I am
convinced that the applicant has not made out a case to be granted bail",
said Gadenya. Nyanzi’s
lawyer Geoffrey Turyamusiima, says that they
are not happy with the decision and vowed to make a second attempt at bail.
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The Prosecution alleges that Nyanzi and
others are still at large between March 2021 and June 2021 with intent to
intimidate the public or section of the public and for political-religious
social or economic aim indiscriminately without due regard to the safety of
others directly involved themselves in the murder and attempted murder of
Police personnel and civilians.
The prosecution argues that the accused attempted
to murder Katumba Wamala and Boniface Mucunguzi, a bystander during the
shooting that left the driver and daughter of
the former Chief of Défense Forces dead. Besides this case, Nyanzi is charged on two
other separate files in the
International Crimes Division of the High Court.
He is accused of murdering Major
Muhammad Kiggundu and his bodyguard Sergeant Steven Mukasa who were shot dead in Masanafu a Kampala Suburb on
November 26th 2016. The
other is the murder of the former Police Spokesperson Assistant Inspector
General of Police Andrew Felix Kawesi, his bodyguard Kenneth Erau and driver
Godfrey Mambewa on March 17 2017.