Army prosecutor insists on denying Kitatta bail for second time

The army prosecutors have asked the General Court Martial not to grant bail to Boda Boda 2010 patron Abdalla Kitatta.

Having been denied bail, Kitatta tried a second shot at applying for the same in the army court.

On Tuesday, prosecution led by Capt.Samuel Maserejje said Kitatta should not be released on bail because he might interfere with investigations into his case due to his popularity and influence he has.

"Being the Nrm chairperson of rubaga and patron of boda boda riders, he is a prominent and popular person likely to interfere with attendance of witnesses,”Maserejje said.

He added that the Boda Boda 2010 patron had not proved any exceptional circumstance for him to be released pending conclusion of his case.

The state noted that although Kitata claimed to be sick, he did not prove that the military facility where he is being held is not able to deal with his illness.

“The applicant has not proved any exception as provided in law and for the alleged diabetes and hypertension whereas the  military facility where he is  detained has not certified that his condition is one they cannot attend to."

The state prosecutor added, “Even if he is sick, Kitata can access specialised treatment and tests even on remand.”

Kitatta’s lawyer, Siena Owomugisha however argued that Kitatta ought to be released because the state had not provided evidence in disregard to his illness nor had they proved he would interfere with investigations.

“Though he is accused of   capital offense, the applicant enjoys the presumption of innocence till proven guilty and this court has jurisdiction to grant the accused bail."

The General Court Martial chairman, Lt.Gen.Andrew Gutti set November 6 to deliver the court’s ruling on the bail.

Kitatta is accused together with 12 other Boda boda 2010 members including; Matia Ssenfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Sowali Ngobi, Fred Bwanika and Amon Twinomujuni with a number of offences related to unlawful possession of military hardware and unlawful possession of a gun, pistol and ammunition.

They are accused of unlawful possession of 30 and 20 rounds of ammunition for SMG rifles and pistol respectively which are government stores contrary to section 161 of the UPDF Act.

The army also accuses the group of unlawful possession of military equipment including headgear and uniforms which are a monopoly of the defence forces.