Why army court convicted Boda Boda 2010’s Kitatta

The General Court Martial on Monday convicted Boda Boda 2010 patron Abdalla Kitatta and Sowali Ngobi his bodyguard of offences related to unlawful possession of ammunition.

The offences were in connection to two pistols and SMG rifle found in possession of Kitatta and his bodyguard during their arrest back in 2018.

Unfortunate arrest

According to evidence produced before court, Kitatta was only unfortunate to have been arrested in January 2018 at Vine Tea hotel because Chieftaincy of Military Intelligence never intended to arrest him in the first place.

Maj.David Agaba, the commander of operations in the Chieftaincy of Military Intelligence (CMI) told court that when his operatives went to arrest Huzairu Kiwalabye, the key suspect in the murder of Case clinic accountant Francis Ekalungar, they were obstructed by Boda boda 2010 members forcing them to arrest some of them.

During interrogation, it was later found out that Kitatta had instructed his group members to stop the army from arresting his brother.

Later, using a phone tracker, the army later located Kitatta at Vine Tea Hotel in Wakaliga where they stormed and arrested him.

Following the arrest, Kitatta was found with a golden pistol whereas his bodyguard was also found with a pistol and SMG rifle.

Verdict

Relying on evidence from both the prosecution witnesses and the defence witnesses, the army court said there was proof beyond reasonable doubt that Kitatta and his bodyguard were in unlawful possession of fire arms.

Earlier, last year, the court had ruled that Kitatta had a case to answer because he owned the owned the vehicle in which Ngobi had been found with other guns.

The court also ruled that Kitatta was responsible for the golden pistol found within his possession in the Vine Tea hotel toilet where he was found hiding during the arrest.

“The pistol was found with him in the hotel and not the vehicle where the other two remained,” the court ruled in December.

However, in his defence, early this year, Kitatta said he had never held any gun in his entire life.

“I have never owned a gun neither have I ever touched one in my entire life. If possible, the army can use its capabilities to check if my body has ever touched a gun,”Ktatta said.

In the Monday judgment, Lt.Gen.Andrew Gutti convicted Kitatta using his own defence saying that the Boda boda 2010 patron had contradicted himself for saying he had never held a gun yet he had also said he attended a mchaka mchaka(paramilitary training) course .

The court chairman also noted that Kitatta through is lawyers had promised to present CCTV footage from Vine Tea hotel to prove he didn’t have a gun during the arrest but failed fulfil the promise.

“This court agrees that he who alleges must prove but the CCTV footage was never presented to this court as defence evidence,”Gutti said.

He also noted that Kitatta’s lawyers had promised to bring a ballistic expert to prove that he had never owned a gun but they failed to deliver on the promise.

The court chairman ruled that there was evidence beyond reasonable doubt to show that Kitatta and Ngobi Sowali owned firearms and ammunition illegally and therefore convicted them.

The army court is set to deliver sentences to each of the two convicts today Tuesday.