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KTA Advocates adds new partner to consolidate position in region

The new KTA Partner, Kenneth Muhangi

Ugandan Law firm KTA Advocates (Karuhanga, Tabora & Associates) has consolidated its niche as the go to Intellectual Property (IP) firm in the region by bringing onboard another extinguished partner-Kenneth Muhangi.

Mr. Muhangi comes to KTA to head a team of experts in technology, media, telecommunications, IP and dispute resolution. And that is because he has a wealth of knowledge and experience in those sectors.

He will also lead lend his credence to the dispute resolution and IP practice teams.

Edward Tabaro, Managing Director at the firm comments: “It is exciting, thinking about the contribution Kenneth will add to our team and to the Amani IP network that brings together firms from the East African region. This is the age of innovation and disruption and our firm is now the first fully specialized practice for IP, technology, media, telecommunications and arbitration.”

Counsel Muhangi brings to the team over eight years’ experience and holds a master’s degree, LL M (International Commercial Law) from The University of South Wales, Bachelors’ Degree from Uganda Christian University and a Diploma in Legal Practice from the Law Development Centre.

He is licensed to practice law in Uganda and the greater Commonwealth. In the area of intellectual property and technology, Muhangi is renown award winning author and trainer and this has cemented his credentials as a specialist in the aforementioned practice areas.

He has conducted specialized training in areas of ICT, block chain technology, digital banking and data protection among others. He represents and has conducted trainings for some of the largest national and multi-national entities in the region such as Stanbic Bank, Housing Finance and Liquid Telecom.

He also a visiting lecturer of IP at Uganda Christian University and has also conducted lectures on Cyber Law at Makerere University Law School. He is a member of the Young Lawyers’ Committee of the Uganda Law Society (ULS) and the IP Cluster, ULS. He is also a member of The Africa List, an exclusive community of next generation CEOs building Africa’s top 100 companies, supported by the CDC Group.

Advocate Muhangi has also advised the Government of Uganda on the integration of ICT into the adjudication processes for Courts of Judicature. He has also advised on changes to the Industrial Properties Act and is an ardent advocate for the passing of the Data Protection and Privacy Bill.

He joins an already diverse team of specialized attorneys, and brings the total number of partners at KTA to four and total number of lawyers to 10.

The firm is also introducing the Tech Hub, a business acceleration centre that identifies, incubates and accelerates startups with legal, social, financial technology, health, agricultural innovations.

The firm is affiliated to AMANI IP with offices in Uganda, Kenya, Tanzania, Rwanda, Burundi and South Sudan.

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Pressure group wants Parliament to summon Kasaija over Bagyenda reappointment

Embattled former Executive Director in charge of Supervision at Bank of Uganda Justine Bagyenda.

Following the confirmation by Finance Minister Matia Kasaija that he had reappointed Ms Justine Bagyenda as board member of the Finance Intelligence Authority for a second term, a pressure group wants the House Committee on Commissions, Statutory Authorities and State Enterprises to ask the minister to revoke the appointment.

In a July 23, 2018 letter addressed to Cosase Chairman Abdu Katuntu, Youth Power Research Uganda (YPRU), says that his committee should summon the ministry to explain the circumstance under which Ms Bagyenda was reappointed as board member of the FIA even as the agency and the inspectorate of government were investigating her for unexplained accumulation of wealth.

“We appeal to Cosase to summon Hon. Matia Kasaija to apologise to the investors on behalf of government for obstructing justice,” the letter reads in part.

The group also alleges that Bagyenda, a former director of supervision at Bank of Uganda (BoU) is under investigation for matters related to mismanagement or foul play which led to the dissolution of three banks in a shot span of less than six months while still working at BoU. They group says the closure of the banks caused many youth their jobs but also that it impacted on financial inclusion “hence hampering the growth of the economy.”

The group claims Ms Bagyenda had a hand in the closure of Crane Bank, Teffe Bank and National Bank of Commerce.

“We therefore appeal to Cosase to summon the Finance Ministry which is the line ministry to explain the circumstance which led to the appointment of a person to the board of the organization which is supposed to investigate her which is can jeopardise fair findings of the comprehensive investigations report as a result of conflict of interest,” the group says.

However last week, minister Kasaija said he reappointed Ms Bagyenda unaware that she was under investigation over alleged financial fraud. “When I re-appointed her, the issues of money laundering and others were not yet in the press. There is no way I could have re-appointed her with question marks surrounding her integrity,” he said.

The groups says that president Museveni has often ridiculed government workers who suffocate government processes.

Recent leaked bank documents showed that Ms Bagyenda on one her fixed account at Diamond Trust Bank (DTB) had US $214,149 on December 29, 2017 at an interest rate of 3 percent. The maturity date is set for Dec. 29, 2018, leading to a net interest of US$5,536 after a tax deduction of US $977.

Earlier on September 7, 2017, Bagyenda made a fixed deposit of Shs 179m and expects to earn a net interest of Shs7.5 million on maturity in March 2018.

She had on December 29, 2016, made another fixed deposit of US $1776, 717 which matured in December 2017.

On December 28, 2014, the transactions which leaked from private auditors indicate, Bagyenda did not make any fixed deposit – but she had a balance of US $238, 563 on her Diamond Trust Bank account.

For every deposit, Bagyenda received a certificate of deposit showing the interest the principal amount would attract, taxes incurred and net amount payable to her on maturity.

In March 2014, Bagyenda had made a fixed deposit of about Shs900 million which earned her a net interest of about Shs 9.2 million

In November 2014, Bagyenda had another fixed deposit of Shs568 million which saw her realise a net interest of Shs5.7million.

In January 2015, Bagyenda made another deposit of Shs480,000,000 million setting a maturity date of one month. She earned Shs4.8 million in interest.

Bagyenda’s source of these staggering amounts of money remains unclear as the public awaits to see what the FIA and IGG investigations will reveal.

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Gen. Kayihura is ill. Doctors suspect allergy

Former Inspector General of Police Gen. Kale Kayihura

Former Inspector General of Police, Gen. Kale Kayihura isn’t well in his incarcerated house as he has been hit by allergy to a point that he has lost his voice.

However, the doctors that attend to him have advised that his condition isn’t worrying as it could be allergy.

According to sources, the former blue eyed army general to President Yoweri Museveni is said to have fallen sick from Friday throughout the weekend and Monday wasn’t allowing in visitors apart from few selected ones due to his health.

“He is well but the only strange thing is that he has lost his voice due to allergy and we suspect this is due to the new conditions he finds himself in” a source told Eagle Online. Asked whether this condition could be due to the ‘poor’ accommodation, the source insisted that the house where Gen. Kayihura lives is befitting for his status.

Eagle Online has also established that Kayihura is moody and is never the jolly. He is also reportedly fearing to meet people he thinks record him and so if one isn’t personally known to him, he can’t open up to talk to such a person.
Kayihura is detained at Makindye Barracks with six of his former aide de camps.

According to security sources that Eagle Online talked to, Gen. Kayihura has been linked to the killing of Assistant Inspector General of Police by suspects who were arrested earlier. However, sources say this is one among a host of charges lined up against him by the state. Other charges that are being lined up include espionage that could see treason charges slammed on him.

In a statement released by Uganda Peoples’ Defence Force Spokesperson, Richard Karemire it said Gen. Kayihura is still a serving officer of UPDF and has been staying in Kashagama, Lyantonde district since March 15, 2018.

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Uganda Airlines to make losses for first two years—NPA projection

CEO Uganda Airlines, Mr Ephraim Bagenda(Right) with Eric Schulz, Airbus Chief Commercial Officer

Uganda Airlines is projected to make financial losses in the first two years of operation and to break even in the third year, according to the feasibility study on the revival of the airline.

“From year four onwards, profitability improves as the airline gains traction in its markets and cements its brand with customers, resulting in modest increases in load Factors and yields,” says the study that was approved by the Chairman of the National Planning Authority (NPA) Prof. Kisamba Mugerwa alongside the Executive Director Dr Joseph Muvawala.

Government recently ordered for two A330-800neo aircraft and four new CRJ900 regional jets to in preparations to kick- start Uganda Airlines aviation business.

The plan to revive the airline was based on the assumptions that; government would inject equity of US $70 million (about Shs259 billion) required in operating capital for the airline. Of this, US$20 million (about Shs74 billion) would be intended to serve as start-up capital for the airline.

The additional amount of US $50 million (about Shs185 billion) would be utilized as a contingency or buffer for “working capital”, being the amount equivalent to three months’ expenses in the first year at zero revenue, it was assumed.

Government, according to the feasibility study, would purchase the aircraft using loan finance sourced internationally at an interest rate of 5 per cent per annum and over repayment periods of 7-10 years.

The study then quoted the costs of Airbus A330-200 estimated at US$109.5 million and CRJ900 at US $27.96 million.

Maximum daily utilization for the A330 aircraft is 15 hours per day while the utilization for the CRJ900 is 10.7 hours per day

“As mentioned in the sections above, the plan assumes the generation of Load Factors of between 40 per cent and 65 per cent with an average of 62 per cent across all three product lines in the initial three years… The airline will be adding routes in the first three years reaching its full schedules in year four especially on the regional routes.

From year four onwards, results improve as passengers and cargo volumes increase and the airline benefits from economies of scale across all routes and product lines. It is in year four that we expect to have a full hub structure for the national carrier at Entebbe International Airport,” the study reads in part.

Regional airlines

The study points out Kenya Airways as Uganda Airlines’ immediate strong competitor because it is a full member of the Sky Team Alliance and is the fourth largest carrier in Africa by scheduled capacity. The alliance provides Kenya Airways’ passengers with access to the member airlines worldwide network and passenger facilities.

The second competitor is Ethiopian Airlines wholly owned by the Government of Ethiopia and is a member of the Star Alliance. Currently it is one of the continents leading carrier, serving over 76 international destinations through its hub in Addis Ababa.

Rwanda Air currently operates a fleet of six aircraft and it has code share agreements with Brussels airlines, Ethiopian airlines and Precision Air.

More in the NPA report

Losses incurred by Uganda as result of lack of national airline

Currently, the study says, Uganda loses about US $540 (about Shs 2 billion annually, in form of higher transport costs (extra charges) to passengers originating and terminating at Entebbe International Airport, due to absence of a National Carrier.

“The best-case investment scenario (combined regional and international aircraft purchase) would generate a direct Net Present Value (NPV) economic benefit of US $580 million, after taking care of all the investment and operating costs, over a 15-year period,” study says.

Public listing

For greater focus and highest efficiency, the study also recommends the airline should undertake its own ground handling, without immediate plans to diversify into ground handling of other airlines.

It urges government to undertake full capitalization of the national carrier during the initial years and later divest through public listing, to avoid challenges of risk transfer between government and private sector.

“This capital structure will also enable the airline to build from modest equity provided by government to self-financing from operations thereafter,” the study says.

Leasing the airline

The study says that the options of leasing aircraft should be considered after the airline has built sufficient assets for the necessary credit worthiness.

“This is necessary because the airline requires capital assets (aircraft fleet or cash equity) to be used as a basis for code sharing and receiving other airline services on credit that are billed monthly,” it says.

In the case of Uganda’s National Carrier Business Plan developed in this study, a total cash equity of US $140 million will be required to replace the option of using aircraft as the asset base, it says.

Airline not for financial benefits

The study also recommends that the investment in the national carrier should be considered as an infrastructure for enhancing the country’s global connectivity and competitiveness, beyond the direct financial benefits, adding that the carrier will play a critical catalytic role in tourism development and promotion, export growth, investment in various priority sectors and global networking.

Liquidation

Despite lacking audited financial statements for 1992 – 1995, the Auditor General established in 1998 that the corporation’s current liabilities then were Shs20.8 billion with assets valued at Shs10.7 billion.

It had investment shares in: African Joint Air Services (AJAS) of 10 per cent, Entebbe Ground Handling Services Limited (ENHAS) of 50 per cent and Uganda Inflight Services of 25 per cent.

It had a large workforce of 325 employees and fixed assets valued at only Shs5.1 billion. The Airline was technically insolvent, and coupled with the many challenges it faced, it became ungovernable in that state and ceased to be a going concern. The airline by then operated on weekly subventions from Government.

On February 16, 1999, government agreed to the divestiture of Uganda Airlines Corporation, with government taking up all the corporation’s liabilities. This was expected to attract a Strategic Equity Partner through negotiations with other international airlines by a successor company, Uganda Airlines Holdings Limited (UAHL).

Through an international tender process, government embarked on identifying a suitable strategic partner, and engaged in several negotiations that were unsuccessful, including those with South African Airlines, British Airways and the Uganda Airline Management Team who proposed an Employee Buyout of the corporation.

The failure to attract a strategic partner subsequently led to the liquidation of Uganda Airline Holdings Limited in 2001, which resulted in the sale of the Airline’s remaining assets to settle the Corporation’s debts and other liabilities. This effectively left Uganda without a national carrier. As a result, airline fares and services were left to foreign airlines who have used high pricing to the detriment of travelers to and from Uganda.

The study says the absence of a national carrier has also affected the country’s competitiveness due to poor air transport connectivity and high cost for travel of passengers and cargo. And the realisation of the gap created by the absence of a national carrier has led to various attempts by Government and other stakeholders to re-introduce a semblance of a National Carrier.

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IGP cautions officers against arbitrary arrests and intimidation of voters

Police Chief Okoth Ochola

The inspector general of police (IGP) Martin Okoth Ochola has cautioned police officers over arbitrary arrests and intimidation of voters as Country prepares for local government and parliamentary elections that kicked off earlier in the day to July27, 2018.

In a media briefing held at police headquarters IGP said, incidents are being investigated and whoever is culpable will be prosecuted in accordance with the law, “investigation and prosecution of such cases will not end with the elections,” he added.

“Operation orders have been drawn, briefings and deployments have been concluded, and Police must ensure that these elections go on smoothly, if there has been any abuse by police officers, it must stop. All police officers must ensure that no abuse whatsoever is occasioned on citizens,” he said at Naguru.

Elections have always evoked emotions that have sometimes sparked off commission of election related offences leading to massive arrest and detention of electorates from various polling stations.

He said it is imperative for all stakeholders to play their Candide roles to overcome incidents that promote violence and crime.

In the same vein Mr. Ochola said, no citizens should engage in the commission of crime, “If they do, Unit Commanders must investigate and prosecute these elements without fear or favour,”

“Police officers must assess threats, deploy adequately and monitor the process to ensure a safe environment for citizens to exercise their constitutional rights of voting for leaders of their choice without fear or intimidation,” he said.

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OPM clarifies on Kyegegwa land

Clarified on Land Issues: Prime Minister Dr. Rukunda.

Maria Nassiwa
Kampala:
The Office of the Prime Minister has clarified on the ownership of the 48 square miles piece of land where Ugandans expelled from Tanzania were settled last year.

In a press statement from the prime ministers spokesperson, the premier’s office says that contrary to claims the former Tooro Prime Minister, Steven Irumba, the disputed land belongs to government.

“The land in question was gazetted on 18th September 1964 as government land under the custody of Uganda land commission covering an area of 48 square miles in Kyaka, Kyegegwa district.

“From the time it was gazetted up to 1994 (54years), this land was used by the government to host refugees from Rwanda and Congo,” the statement reads in part.

Over 5,000 Ugandans who were expelled from Tanzania were settled by the Ugandan government on a piece of land in Kyegegwa district between June 2016 and March 2017.

Towards the conclusion of the resettlement exercise, Mr. Steven Irumba approached OPM claiming that government had grabbed his private land and settled people on it.

However, Prime Minister’s office notes that the same matter was brought to the attention of the ministry of land, relevant ministers and Kyegegwa district officials who held several meetings and field verification visits to try and resolve it.

It further notes that after government decided to settle the over 5000 Tanzania expellees on part of the controversial land, most of them took advantage and started encroaching and settling on the entire Kazinga zone of Kyaka 1.

“It is important for these facts to be put across for everyone to know,” the statement reads. “Encroachers on this land who are over 10,000 acknowledged that the land they were occupying belonged to government and that Mr Irumba is the only encroacher who has refused to accept.”

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Desist from waiting for gov’t programmes-Museveni

President Yoweri Museveni has cautioned Ugandans to be innovative and implored them to desist from waiting for government programmes.

Museveni said those that are innovative, they emerge billionaires out of commercialized and mechanized agriculture.

Museveni made the remarks at the launch of ‘Kisoboka’ Savings and Credit Cooperative Organization (SACCO) pioneered Mityana woman MP Judith Nabakooba and Mityana North counterpart who doubles as the State Minister for Tourism Geoffrey Kiwanda Ssuubi.

The initiative seeks to empower local farmers to improve their lives and boost their household income through improved agriculture.
The SACCO targets over 7,000 Mityana farmers and aims at availing them funds to adopt the best agricultural practices in order to increase productivity.

Museveni said there is need for Ugandans to shift from subsistence to commercial farming as a means of increasing their household income.

After a guided tour arounded Kiwanda’s model plantation farm exhibiting various the modern methods of farming, he lauded him for starting up a model farm and pledged to inject Shs50 million into the SACCO.

He pledged to organize a veterans’ retreat at the National Leadership Institute (NALI) in Kyankwanzi District where they would discuss the challenges affecting them with a view to getting possible solutions to those challenges.

In his remarks the minister asked Museveni to render a hand in changing of peoples’ mindset towards economic transformation of Ugandan economy.

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New online platform to empower women in EAC By Our Reporter

An online platform to support women entrepreneurs in Africa has been launched with the support of the African Development Bank (AfDB).

The 50 Million African Women Speak Networking Platform Project (50MWS) will provide financial and non-financial information to women entrepreneurs within the African continent including the East African Community (EAC).

The platform will enable women to interact and grow their businesses, according to Mary Makoffu, the EAC director of social services.

Alongside the EAC, 50MWS is also being implemented in three other regional blocs, the Southern African Development Community (Sadc), the Common Market for Southern and Eastern Africa (Comesa) and the Economic Community of West African States (Ecowas).
“This is a good opportunity for women in business in respective regional economic communities (RECS) to penetrate markets of other blocs”, Makoffu said.

In preparation for the new three-year project, the EAC secretariat recently conducted meetings targeting ministries responsible for Gender, ICT, Trade and EAC Affairs as well as the civil societies.
Each member state would, thereafter, be required to form respective country team that will help in collection of information to upload into the platform.

The ministries responsible for Gender in each country, which normally disburse funds to support women’s economic activities, will be in charge of 50MWS coordination.
The project will also contribute to reduce to zero gender that were observed during the surveys,” noted the project coordinator in the region.

Women entrepreneurs can use cellphones to targeted under the project and even those based in remote rural areas but using cellphones to access information circulated in the platform.

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Community cohesion is disabled if; the disabled are not integrated into our schools

Christine Apiot.

By Christine Apiot

Make a circle….Circle…….A big……Circle……Circle………The melodies of children singing during break time runs us back down the memory lanes of our time in nursery school. That moment when you are chosen by the teacher to act the cat chasing after a fellow pupil who acts as a rat running around the circle.

It is a game of persistence for both the rat and the cat until when one of them gives up. In this particular chase, Kevin Kaweesa is the cat, and his persistence is unwavering as his classmates cheer him to speed up and catch the rat…..

For Kevin, a pupil at Bridge Nkumba, standing the circle, and chasing the rat with his friends cheering him on is an inspirational moment at the end of a very difficult start in life. Kevin was born with one hand and struggles with a mental disability. On top of all this Kevin lost his mother when he was little. A hard start for any child but in a village the struggle can easily be overwhelming. Luckily, he had the love and support of his father and later on, stepmother.

Kevin joined Bridge’s baby class but has now advanced to middle class. His class teacher Wilber Mugere pays particular attention to Kaweesa since he is a slow but determined learner. “I spend extra 30 minutes with Kevin to help him catch up since he is a slow learner. He is still perfecting the art of gripping a pencil. So we practice some more every day.” Teacher Mugere adds. Teacher Mugere says that Kevin is making some progress and she is optimistic that he will catch gradually. “Kevin likes numbers most. He can now count 1-10 and he can write them too. He really enjoys physical education and playing with others.” He adds. Not every child is as lucky, in many overcrowded classrooms teachers do have the time to give individual attention.

The zero tolerance to discrimination has made it possible for Kevin to fit in well at school, make friends and be able to learn along with other children. But the story is often different elsewhere.
For the first time, the world is convening in London to discuss what more can be done to ensure that the world and its systems are inclusive. The UK government’s Department for International Development (DFID) will co-host the first ever Global Disability Summit with the International Disability Alliance this week; and should be praised for their leadership on this issue.

Uganda will be represented by a delegation led by Janat Mukwaya, the Minister of Gender, Labour and Social Development, the Permanent Secretary in the Ministry of Gender Pius Bigirimana among other officials.

It should be an opportunity to Uganda and indeed the world to discuss inclusive access to quality education for the disabled community. Sustainable Development Goal 4 fundamentally promotes ‘inclusive and quality education and lifelong learning opportunities for all’. For many, conversations around SDG4 have had a policy focus on children living in extreme poverty; without paying particular attention to those living in extreme poverty who also have the hurdle of disability to overcome.

It is time the global call that “No Child should be left Behind” , the title of the UK’s International Development committee (IDC) inquiry last year, is answered by with tangible commitments on providing access to quality education to those suffering from physical or mental disablement.

Ensuring that as with all children, children with disabilities, have access to a good school, where they can learn is essential; not only for the disabled child but for the community of which they are a part. Children learn from each other and ensuring that they are surrounded with children of differing abilities, tribes, religions and gender is essential for not only their personal development but the development of community cohesion. Making sure that a school is a supportive and friendly environment and that those with disabilities are fully integrated into school life, as at Bridge, is crucially important.

The struggle to ensure that children have access to a good education can be challenging enough for most families. For those that live in poverty, choice is both poor and limited. Compound those complexities with a disability a child’s likelihood of accessing a good education diminishes evermore. We need to challenge the way that children with disabilities are treated and often stigmatised. We need to make school a welcoming and integrated place, for it is a microcosm of the future we wish to have and the communities we wish to live in.

We should be thankful that DFID is taking the lead on this issue and I am hopeful that our delegation to the summit will return with ideas on how to actualize the recommendations of the global meeting to make more children like Kevin able to achieve their dreams.

Christine Apiot
Director Academics
Bridge, Uganda

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Rwandan scholars’s genocide life sentence overturned

Rwandan scholar Leopold Munyakazi sentenced to life imprisonment for genocide crimes.

A linguistics professor’s life sentence and conviction for direct involvement in Rwanda’s 1994 genocide has been overturned but his nine-year sentence for downplaying the bloodshed upheld.

Former trade union official Leopold Munyakazi,67, was cleared of direct involvement by the Rwandan High Court’s Chamber of International Crimes on Friday. But the 67-year-old’s conviction for using his academic work to downplay the impact of the bloodshed was confirmed by appeal judges.

“The appeal court acquitted him of involvement in the genocide but upheld his conviction for downplaying the genocide,” Munyakazi’s lawyer, Desire Micombero, said.

Munyakazi, from Gitarama in central Rwanda, has consistently denied participating in the genocide in which around 800,000 people, mostly Tutsis, were killed.

He was initially convicted by a lower court of direct involvement and jailed for life in July 2017, a sentence he subsequently appealed.

At Munyakazi’s request, the appeal court travelled to Gitarama where his crimes were allegedly committed to test the facts of his genocide conviction.

The court heard evidence from local people, some of whom supported his version of events while others cast doubt on his actions during the 100 days of violence.

It was because of the discrepancies in the witnesses’ recall of events that led to Munyakazi’s acquittal on the more serious charges, his lawyer said.

After spending time in Rwandan custody following the genocide, Munyakazi moved to the United States in 2004 and taught French in Maryland until his suspension in 2008.

The academic was extradited from the US to Rwanda in 2016 to face justice after a lengthy legal battle over his failed asylum application and subsequent deportation order.

Kigali had issued two arrest warrants against Munyakazi in 2006 and in 2008. He had argued that the genocide allegations were concocted and that he was really being prosecuted for opposing the regime of President Paul Kagame.

Munyakazi is the most senior of four Rwandan genocide suspects so far extradited by the US.

A dozen Rwandans accused of participating in the genocide have already been sent to Kigali for trial, mostly from the US, Canada, Uganda as well as the International Criminal Tribunal for Rwanda (ICTR), which closed its doors in late 2015.

European countries have been reluctant to extradite accused Rwandans for fear they will not receive a fair trial.

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