The General court martial in Makindye has granted bail to Senior Superintendent of Police (SSP) Nixon Agasiirwe, the former commander of Police Special Operations, having spent four years on remand.
Agasiirwe, a close associate of former police chief, Gen Kale Kayihura was arrested by the army in 2018 and detained at Makindye barracks.
He has on several occasions made attempts to have him released on bail but all were futile until today, Monday when the army court finally allowed him to have temporary release.
“This court finds merit in the application and grants bail to the applicant,” Lt Gen Andrew Gutti said.
The army court chairman issued several stringent bail terms that he said ought to be met by Agasiirwe or else he risks having his bail cancelled.
He was told not to go beyond the limits of Kampala and Wakiso districts; to report to court twice a month after every two weeks; to pay a non- cash bond of shs30 million and each of his sureties to each pay a non-cash bond of shs50 million.
“The applicant should deposit his travel documents including passport with the court’s registrar. Breach of any of those conditions will lead to cancellation of the bail,” Lt Gen Gutti warned.
In bail application, Agasiirwe told the army court that it is his right to apply for bail and that he had spent a long time on remand and hence the need to be released temporarily.
He presented three sureties who among others included his brother Aloysius Muhangi and Laban Muhabwe, a retired senior police officer.
Whereas Agasiirwe faces charges related to the kidnap and repatriation of Lt.Joel Mutabazi , a former bodyguard to president Paul Kagame back to Rwanda in 2013 among other charges with eight other police officers, his co-accused have long been released on bail.
In 2018, Agasiirwe was denied bail by the same court.
Agasiirwe faces charges of kidnap alongside Joel Aguma, the former commandant of the Police Professional Standard Unit, Sgt Abel Tumukunde (Flying Squad) Assistant Superintendent of Police James Magada (Crime Intelligence) and Faisal Katende(Flying Squad) .
Prosecution alleges that on 25th October 2013 at Kammengo, in Mpigi district along Masaka road, the accused using a pistol and grenades abducted Lt. Joel Mutabaazi and Jackson Kalemera whom they took back to Rwanda without their knowledge contrary to the Penal Code Act.
He is also accused of aiding and abetting kidnap together with former police chief, Gen Kale Kayihura, Col. Ndahura Atwooki, Herbert Muhangi, Patrick Muramira,Jonas Ayebaza, Joel Aguma, James Magada, Benon Atwebembeire, Abel Tumukunde and Faisal Katende Amon Kwarisiima ,Rene Rutagungira, a Rwandan national and Pacifique Mugenga Bahati a Congolese national.
Prosecution alleges that the accused are people subject to military law for using weapons(pistol and grenade) which are ordinarily a monopoly of the army according to the UPDF Act 2005.
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