Prominent Kampala bailiff, Moses Kirunda has been arraigned before the General Court Martial in Makindye and remanded to Kiltalya prison over murder charges.
On Tuesday, Kirunda was arraigned before the army court in Makindye and charged with the murder of Majid Mugwanya who was shot dead in a bar.
The offence of murder is contrary to section 188 and 189 of the Penal Code Act.
“Maj Nelson Max Kyatuka, Moses Kirunda and others still at large on July, 14, 2021 at Kitunzi zone, Lungujja , Lubaga division in Kampala district with malice aforethought unlawfully caused the death of Majid Mugwanya,” the army prosecutor told court .
However, the court was told that investigations into the matter are still ongoing and asked for more time.
Consequently, the General Court Martial chairman, Lt Gen Andrew Gutti remanded Kirunda to Kitalya government prison until October, 4, 2021.
Charges
Kirunda is accused together with Maj Nelson Max Kyatuka, 50 a UPDF officer attached to counter terrorism at the Chieftaincy of Military Intelligence(CMI) who was recently remanded by the General Court Martial to Makindye military police quarter guard for shooting dead a man in a bar in Nateete.
The army court prosecutors recently told the army court that on July, 14, 2021 at Nateete, Kyatuka allegedly shot dead Majid Mugwanya causing his death.
“It is further alleged that on the same date, Kyatuka failed to protect war materials to when he lost a firearm to wit a pistol Jerico type serial number 45306156 and lost 15 rounds ammunitions for the said pistol offences which are contrary to section 122 (i) (ii) of the UPDF Act of 2005,” the army prosecutor read the charges.
Why army court for Kirunda
The prominent Kampala bailiff was a few weeks ago remanded to Kitalya government prison by the Chief Magistrates Court in Makindye over the charges.
However, the Director of Public Prosecutions in a September 9 notice said she had discontinued the proceedings against Kirunda.
Consequently, the Makindye Chief Magistrate, Sarah Anne Basemera wrote to the authorities at Kitalya prison to communicate the same.
“The case was discontinued by the DPP. The case was dismissed and the accused acquitted accordingly unless charged with any other lawful offence,”Basemera said.
Kirunda was however taken to the army court where the charges of murder were read to him in an offence committed together with a UPDF officer.
The law
Section 119(1)(g) of the UPDF Act 2005 stipulates that every person, not otherwise subject to military law but aids or abets a person subject to military law to commit a service offence is liable to be tried by the army court.
In simple terms, since Kirunda aided or abetted Maj Nelson Max Kyatuka, a UPDF officer in the commission of the offence of the murder, the former is therefore liable to be tried by the army court.
