Army worried Kitatta might use his influence to interfere with witnesses if released

The army has expressed concern over the release on bail for Boda Boda 2010 patron Abdallah Kitatta.

Last month, Kitatta asked the General Court Martial to release him because he holds various responsibilities in the country including being the ruling National Resistance Movement chairman in Rubaga division and also the chairman of the national union of drivers, cyclists and allied workers.

On Monday, the army prosecutors led by Maj.Raphael Mugisha and Lt.Ambrose Baguma told court that they are worried Kitatta would interfere with witnesses if released on bail.

“He is an influential person being the NRM chairman and is likely to interfere with witnesses if released on bail,”Lt.Baguma told court chaired by Lt.Gen.Andrew Guti.

Quoting an affidavit sworn by Maj.Denis Katambuka, who is part of investigators in the matter, the prosecution lawyers argued that the nature of offence against the Boda boda 2010 patron is capital in nature that court should not release him.

In his earlier arguments, Kitatta told court that he has a health problem that needs special attention which he contended can only be addressed while out of detention.

“I have a terrible health problem which needs intensive care and treatment both medical and herbal which is beyond the prison health care and for avoidance of doubt, a medical report is hereto attached,” Kitatta told court through his lawyers while asking to be released on bail.

However, the army prosecutors watered down the argument by Kitatta saying there is no evidence of sickness before adding that a special arrangement can be made to have a personal doctor treat him while in detention.

Kitatta had during his bail application presented five sureties including his father Hajji Muhammad Nabugoba and other relatives of his but on Monday, the prosecution lawyers punched holes in his father.

They argued that Kitatta’s father had failed to tell court the age and the date of birth of his son, adding that it is a clear indicator that he cannot stand surety for him.

“A person who purports to be his father and does not know his age has no moral influence over that person,”Lt.Ambrose Baguma told court.

They asked court to quash the bail application.

The defence lawyers led by Shaban Sanywa however argued that there is no evidence to the effect that if released on bail, Kitatta would interfere with investigations.

The army court was adjourned up to May 7 to be able to deliver its ruling on Kitatta's bail application .

Kitatta is charged together with 10 other Boda boda 2010 members including; Matia Ssenfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, 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.

The group is also 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.

The offences against the group are criminal in nature and attract maximum sentences of death and life imprisonment respectively according to the UPDF Act 2005.