The former Inspector General of Police,Gen.Kale Kayihura has asked the army court to release him on bail because he is a clean man who has never been indicted in any courts of law.
Kayihura has since June 13 when he was arrested from his country home in Kashagama been in detention at the Makindye military barracks but was last week charged with three counts of failure to protect war materials and aiding kidnap and repatriation of refugees.
On Monday, through his lawyers led by Peter Kabatsi, the former police boss applied for bail before the General Court Martial in Makindye.
“He is a fully qualified lawyer and before these tramped up charges,he has never appeared before any court anywhere in this country or in the world to be charged with any offence,” Kabatsi told court today.
“By all accounts,the applicant is a very law abiding citizen.”
The lawyers also argued that Kayihura has been in military detention for over 70 days contrary to the constitution which stipulates only 24 hours in detention.
Kabatsi also argued that at 62 years, Gen.Kayihura is of advanced age and entitled to bail.
“His health condition should be considered because according to his medical report,needs to go for further diagnosis and possible medication that cannot be done within the confines of his detention,”said the lawyers.
The lawyers said that one of the former police boss’ physicians is in Nairobi and he ought to fly so he can be treated.
They also presented Maj.Gen. Sam Kavuma,the deputy commander land forces,Maj.Gen James Mugira, managing director, National Enterprise Corporation and Rosemary Tumusiime Bikaaku, the Entebbe Municipality MP to stand surety for him.
“It is in the interest of justice that he should be released on bail.”
In response,the state prosecutors led by Maj Raphael Mugisha asked court not to grant Kayihura bail due to the nature of offences against him.
They however said in case court is persuaded to release him,stringent terms should be imposed on him so as not to interfere with investigations.
Gen. Kayihura who was arrested in June was last week charged with failure to protect war materials contrary to section 122(1) (2) (d) of the UPDF Act 2005.
The state alleges that between the year 2010 and 2018 Gen.Kayihura on various occasions allowed the issue of arms and ammunitions to unauthorised persons including members of Boda boda 2010 led by one Abudallah Kitatta.
He is also accused of failure to supervise and ensure accountability for the arms and ammunitions issued to specialised units under his office as the Inspector General of Police including the Flying Squad, Special Operations Unit, witness protection unit and the Crime Intelligence directorate of the police force.
It is alleged that between the year 2012 and 2016,by omission and commission, he aided and abetted the actions of subordinate police officers and others on various occasions without hindrance to kidnap and illegally repatriated Rwandan exiles, refugees and Ugandan citizens to Rwanda including Lt.Joel Mutabazi, Jackson Karemera and Sgt. Innocent Karisa.