The civil division of the High Court has rejected an application seeking Habeas Corpus by lawyers of a one, Hajji Nsamba Abubakari, who was once detained in Kenya on allegations of alliance with the ADF but was later set free after being proved innocent.
According to Abubakari’s lawyer Geoffrey Turyamusiima, his client was sent back to Uganda but was re-arrested and has been allegedly held incommunicado by security agencies.
After rejection of the habeas corpus prayer, the presiding Judge Musa Ssekaana tasked the relatives of the accused to produce phone evidence to show how Abubakari communicated to them while in Uganda and also demanded the attorney general to produce responses from the notifications issued to security agencies.
“What happened in Kenya is none of our business but our business is whether the accused is being illegally detained without being produced before court to be charged,” remarked Justice Ssekaana.
With those submissions, the mentioning of the case will kick off on November 3.
Hajji Nsamba Abubakari, the missing person since early October this year is allegedly to have been arrested by Security officials after Court in Kenya acquitted him charges of terrorism and connection with the notorious ADF rebels.
Nsamba’s parents confess to have called and checked on him later after he was re-arrested and detained at Jinja Road Police Station.
“Up to now we have not heard from him. If he is being held for any offence, let him at least be arraigned before court but imprisoning him without trial is mercilessly unfair,” said Nsamba Jamada, Abubakari’s father.
