The High Court in Kampala has ruled that it is illegal for security to continue confining National Unity Platform’s Robert Kyagulanyi at his home indefinitely.
Following the January,14 election, the Police and army have surrounded Kyagulanyi’s home not allowing him and his wife to move out in a move that has been described as one meant to stop him from instigating riots in protest of the outcome of the elections.
Last week, National Unity Platform lawyers led by Medard Sseggona told court that it is wrong for security to confine Kyagulanyi in an ungazetted place indefinitely and without any justification.
However, High Court judge, Michael Elubu has ruled that the continued confinement of Kyagulanyi and his wife, Barbara Itungo Kyagulanyi is a violation of their rights and should immediately be allowed free movement.
“The continued indefinite restriction and confinement of the applicant (Kyagulanyi) in his home is unlawful and in the result his personal liberty has been infringed,” the Elubu ruled.
The state had argued that the confinement was meant to stop him from instigating riots in protest of the outcome of the elections but also to prevent him from breaking the law when he organizes processions to violate the Coronavirus guidelines put in place by government.
However, justice Elubu noted that there is no evidence to the same, adding that if available, Kyagulanyi should be presented before courts of law and charged other than speculating on the same.
“These are all serious allegations of grave offences and it would be proper to follow the due process of the law in regards all the allegations made against the applicant. The due process has been defined as conducting criminal proceedings against the applicant.”
“The restrictions put on the applicant are unlawful and order that they are lifted. Consequently and order for personal liberty of the applicant is hereby issued.”
The judge explained in his ruling read by the court’s registrar that in absence of the proper procedure, it is only prudent that Kyagulanyi is allowed personal liberty and free movement.
The court however directed that Kyagulanyi should follow the Coronavirus guidelines put in place by government and the Ministry of Health.
“It is therefore ordered that the applicant(Kyagulanyi) shall comply with SOPs set by the authorities.”
Justice Elubu also ordered government to pay costs to Kyagulanyi .