Judge excuses self from Kiyingi in- law treason case in protest of unserious DPP

High court judge Wilson Masalu Musene has withdrawn from the case where 19 people are accused of trying to overthrow government.

Nineteen people including Aisha Nakasibante, an in law to Australia based Ugandan cardiologist Dr.Aggrey Kiyingi ,Sheikh Muluta Bukenya, Hakim Kinene Muswaswa and his brother Amir Kinene.; Aisha Nakasibante, Muzamiru Kasawuli, Serunjogi Arafat, Okot Alex, Joseph Oulanya, Charles Okidi, private Mubajje Arajab, Isa Matanda, Hajji Byamukama Abdul, Asadu Semogerere, Solomon Kibirige, Waddwali Safiyi, Yusuf Sentamu, Mohammed Kaloddo, Ismail Sentongo and Abong Nicholas are battling with charges related to treason.

On Friday, both parties in the matter were scheduled to present their final submission before the court could rule whether the suspects have a case to answer or not but was stunned when the senior principle state attorney Thomas Jatikho presented a Nolle Prosequ from the office of the DPP instructing court to acquit all the accused persons.

However, the defence team led by Dalton Opwonya and Friday Roberts Kagoro also objected to release of their clients on grounds that they would rather have the case prosecuted to the end in fear that the suspects might be re-arrested immediately after release.

This confusion however did not augur well with the trial judge, Musene who accused the office of the DPP of not taking the court serious while handling the matter.

He said it was unfair for the prosecution to ask for acquittal of the suspects at this stage when they have presented nine witnesses thus wasting court’s time.

Musene in response said he had quit the case before forwarding it back to the Principle Judge to be allocated to determine the way forward on the matter.

The suspects were returned to Luzira where they have been since 2014 as they await the Principle Judge’s decision on their case.

Prosecution alleges that these between January 2014 and June 2015 at various places in Uganda and other countries including Kenya, Tanzania and UAE contrived a plot to overthrow the government of Uganda.

Prosecution further alleges that the accused expressed this plot through utterances , recruitment and training of rebels, acquiring satellite mobile phones for communication, motorcycles and vehicles for transport and also rented houses to act as safe houses to accomplish their mission.