Army court should not release Kitatta’s co-accused for fear of interfering with investigations

Capt. Samuel Maserejje, one of the state prosecutors in the General Court Martial has asked the army court to decline the bail application by Joel Kibirige one of the 12 people accused together with Boda boda 2010 patron Abdalla Kitatta of unlawful possession of military arms and hardware.

Kibirige, together with Kitatta and other Boda boda 2010 members including; Matia Ssenfuka,, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Fred Bwanika and Amon Twinomujuni  were arrested in January  by the Chieftaincy of Military Intelligence before being charged with a number of offences related to unlawful possession of military hardware and unlawful possession of a gun, pistol and ammunition.

He however applied for bail before the army court stressing that it is his constitutional right to be released temporarily.

On Tuesday, the state prosecutor told court that it would be a grave mistake for the Rubaga division boda boda 2010 chairperson to be released on bail.

“Being the chairperson for boda boda riders in Rubaga, he is a prominent and influential person capable of interfering with investigations,”Capt.Maserejje said quoting Maj. Dennis Katambuka, the leading CMI investigator in the matter.

The state prosecutor said Kibirige had not presented any exceptional circumstances that would warrant that he is released on bail, noting that the court should decline dismiss the application.

“One of the offences against Kibirige is capital in nature that may require exceptional circumstances like grave illness, advanced or infancy age for one to be released on bail but he has not indicated so.”

“It is the position of the prosecution that this court does not grant bail to Joel Kibirige,”Maserejje said.

The General Court chairman, Lt.Gen. Andrew Gutti adjourned the case to September 25 to rule on the bail application.

The bail application comes at a time when Boda Boda 2010 patron Abdalla Kitatta has applied for second time to be released on bail by the army court.

The same court in May dismissed his bail application saying that his offences are so grave and attract big sentences if convicted that if released on bail, he would abscond.

“Due to his relation with various police commanders, he is likely to influence them and interfere with witnesses and investigations into the matter,” Lt.Gen.Gutti said in his ruling on May 21.

Kitatta and members of his Boda Boda 2010 group 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.

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.