High Court orders Makindye military prison to produce MP Kipoi for bail hearing

The High Court in Kampala has ordered the Makindye military prison to produce former Bubulo West Member of Parliament Tony Nsubuga Kipoi.

Kipoi who was last  year arrested in Botswana before being extradited back to Uganda and is currently battling charges related to overthrowing government  together with other UPDF soldiers in the army court has  tried to seek for bail before the court in vain.

He was recently transferred from Luzira to Makindye military prison.

However in the latest production warrant, the High Court has asked the military facility to have Kipoi produced in court on February 6 to enable his bail application continue.

"You are hereby directed to produce the above mentioned Hon.Kipoi Anthony  Nsubuga for hearing of this application on the 6th day of February 2019 at 9:30 am before Lady Judge Jane Frances Abodo  without fail," reads in part the production warrant also copied to the Chief of Defence Forces and the Chief of Personnel and Administration in the UPDF.

Bail application

In his bail application through his lawyer Rtd Maj.Ronald Iduuli,Kipoi says he has a right to bail because he has substantial sureties adding that he will abide by the bail conditions by the court.

"The applicant filed a constitutional petition challenging the trial by the General Court Martial and the constitutionality of subjecting him to military law yet he is a civilian and also applied for a temporary  injunction in regards trial by the army court and the two cases have a high chance of success. He is therefore applying to be released on bail pending determination of the cases by court," Kipoi's lawyer says .

The former Bubulo West legislator was in 2012 arrested and charged with treason for allegedly recruiting youths from both Uganda and DRC as rebels in a bid to depose the Ugandan government.

He would later be released on bail but jumped it and later fled to the Democratic Republic of Congo where he has been hiding until February last year  when he was arrested in Botswana.

In 2014, the General Court Martial in Makindye issued an arrest warrant over Kipoi after the treason charges in the civil court had been transferred to the army court.

In the same year, parliament threw him of the August house for missing 15 sittings without justifying his absence.

The legislator was  charged together with   UPDF soldiers including Sgt.Yunus Lemeriga,Cpl Rogers Mweru, Sgt Adams Mawa, Sgt Albino Okeng and Pte Dodola Ijosiga all for offences related to security, contrary to section 130(i) of the UPDF Act 2005.

Prosecution alleges the group and others still at large between November 2012 and December 2013 convened meetings in areas of Kampala, Wakiso, Masaka, Jinja, Nakasongola and Ntoroko with an intent to overthrow government.

He has since denied the charges adding that he had been cleared of the same by the Director of Public Prosecutions  in 2013 before being discharged by the High Court in Kampala.