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LDU sentenced to 30 years for murder

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Our Reporter
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LDU's Logwang Apakuto

Third Division Court Martial (3rd DCM) sitting at the division headquarters in Moroto district, has sentenced AX025675 LDU (Local Defence Unit) Logwang Apakuto to a 30-year imprisonment for shooting dead a civilian in Kotido district.

Prosecution led by Lieutenant Hamuzah Mulike Hirya informed court that LDU Logwang Apakuto unlawfully caused the death of Lokong Ahmed of Nadomto village, Nakwakwa parish in Rengem subcounty by shooting using a gun.

At around 1900 hours the convict escaped from Malu detach with his gun number 56-6102231 with 30 rounds of ammunition.

He got drunk and started shooting recklessly eventually killing one civilian Lokong Ahmed and injuring two; LDU Lokidi Lokuri and civilian Loyang Napeyon both from Malu subcounty.

While sentencing convict, Col Benard Tuhame, the 3rd DCM Chairman said that parents are sending their children to the army for national duty to protect them but instead some children have rendered their lives to drunkenness and eventually killed the same people they are meant to protect.

“Therefore, court has sentenced you at your own plea of guilty for 30 years in government prison,” Col Benard said adding that the sentence will serve as a warning to those with the habit of going outside the barracks to drink with guns in their possession and killing innocent civilians.

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FIFA cancels U17, U20 Women’s world cup tournaments

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Our Reporter
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uganda-u17-women

The Uganda U17 Women’s National Team was supposed to play against Cameroon in the final qualification match to determine the teams that would represent Africa.

However, Uganda’s dream of qualifying to a football world cup tournament for the first time will have to wait longer as the Federation of International Football Association (FIFA) on Tuesday announced that both the U17 and U20 Women’s world cup will not take place as earlier scheduled due to the current global Covid-19 pandemic situation.

Since the previous decision earlier this year to reschedule both tournaments to early 2021, FIFA has been consulting with all stakeholders – including the host member associations, participating member associations and confederations – to continuously monitor the situation in relation to the pandemic, in particular with regard to any potential impact on the overall welfare and safety of age-group players and participants.

“As a result and after careful consideration of the feedback received by the stakeholders combined with the inability to further postpone these tournaments, the FIFA-Confederations COVID-19 Working Group subsequently recommended that the 2020 editions of the two women’s youth tournaments be cancelled and that the hosting rights for the 2022 editions be offered to the countries that were due to host the 2020 editions,” FIFA said in a statement on its website.

As part of this extensive consultation process and the “health and safety first” approach FIFA has taken, further major concerns in several areas were also raised by stakeholders during this process in relation to the hosting of age-group tournaments scheduled for 2020.

These concerns included, amongst others, challenges around preparation time for age-group teams, and the numerous obstacles to finalising the continental qualification tournaments due to the pandemic.

“In light of this, and following further consultation between FIFA and the respective host member associations regarding the 2022 editions of the tournaments, the Bureau of the Council has approved Costa Rica as host of the FIFA U-20 Women’s World Cup 2022 and India as host of the FIFA U-17 Women’s World Cup 2022 respectively.”

“FIFA would like to express its gratitude to the host member associations, as well as the authorities in Qatar, Costa Rica, Panama and India, for their commitment and the tournament preparations made so far. FIFA looks forward to continuing to work closely together with the host countries to organise successful tournaments.”

In a similar development, the FIFA Club World Cup which was scheduled to be hosted in Qatar has been postponed to early 2021.

“The FIFA Club World Cup Qatar 2020, which was originally scheduled for December, has been subject to the disruptive effect of the pandemic on the confederations’ continental club championships that serve as a pathway for the event.” part of the statement from the FIFA website read.

“As a result, the FIFA Club World Cup 2020 will now be held from 1st to 11th February 2021, taking place in Qatar as per the original host appointment by the FIFA Council in June 2019.”

“In line with FIFA’s International Match Protocol, FIFA and the host country will provide the required safeguards for the health and safety of all involved.”

FIFA, together with the host member associations, confederations and key stakeholders, will continue to monitor the situation concerning the pandemic globally, as well as any potential impact on preparations for and the future hosting of FIFA tournaments.

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CJ flags off orientation exercise for High Court Judges

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Our Reporter
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CJ flags off orientation exercise for High Court Judges

The Judicial Training Institute has started a two-week induction and orientation exercise for Judges of the High Court who were appointed last year.

The training was flagged off by the Chief Justice, Alfonse Chigamoy Owiny-Dollo on Monday at the Nakawa-based institute in Kampala.

He congratulated the 12 Judges upon their elevation to the position of Judicial Officers of courts of record, and attributed the induction delay to the COVID-19 pandemic, and budgetary constraints.

The Chief Justice thanked the Permanent Secretary/Secretary to the Judiciary, Mr Pius Bigirimana, for allocating resources for the induction despite the current challenges presented by COVID-19.

He encouraged the Judges to always consult their senior colleagues, and urged them to always share their Judgments with him for critiquing.

He urged the leadership of JTI to resume the sharing of the East African Court of Appeal (EACA) Law reports with Judges, to help them improve their judgement writing.

“Courts are temples of justice, not statistics, do not shy away from making the right decisions in the dispensation of justice. You will be remembered for the justice rendered, not for the number of decisions delivered”, he said, and reassured the participants that training on electoral petition management will be conducted, to ensure that petitions arising from the coming elections are  conducted in an effective and timely manner.

Supreme Court Justice and Chairperson of the JTI Governing Council, Stella Arach Amoko, emphasized that the goal of the induction was to familiarize the Judges with their new duties as well as ensuring that they are up to date with developments in legal jurisprudence.

Justice Arach said that the topics had been carefully selected to give the participants a quick introduction to the conduct of Court business and the etiquette expected of a judicial officer at the level of a High Court Judge.

The Chairperson of the Judicial Service Commission, Hon. Justice Benjamin Kabiito delivered the keynote address on Judicial Independence and Accountability. His presentation covered the legal regime, examination of the concepts of judicial independence and accountability – institutional and functional; role of the Judicial Service Commission in promoting independence and accountability in the Judiciary; threats to judicial independence and enhancement of independence and accountability of the Judiciary.

The Chief Registrar, Sarah Langa took the Judges through the Structure and Functions of the Judiciary while, the PS/SJ Mr Bigirimana explained the Terms and Conditions of Service of a High Court Judge, and the Role and Functions of Administrative Staff in the Judiciary.

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Police defy Tanga in Tororo over Bobi as Tumukunde launches in Fort amidst intimidation

By
Our Reporter
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Dr. Tanga Odoi

Police in Tororo in Eastern Uganda have defied the chairperson of National Resistance Movement electoral commission Tanga Odoi of stopping and arresting Presidential candidate Robert Kyagulanyi ssentamu.

Odoi led a procession of Boda-bodas with intention of disrupting National Unity Platform (NUP) activities. Robert Kyagulanyi aka Bobi Wine as he moved to address his supporters in the municipality.

Tanga’s  group of about 200 boda boda riders were carrying posters of NRM candidate Yoweri Museveni. However, Tanga and his group were blocked by police along Tororo-Nagongera road which is about three kilometers away from town.

“We are not blocking any one from holding a campaign rally but trying to remind the police to enforce the Standard Operating Procedures (SOPs) put in place by the  Ministry of Health to guard against Coronavirus as our NRM party president has done,” he told Daily Monitor.

Meanwhile Independent candidate candidate Gen. Henry Tumukunde has launched his manifesto in Fort Portal City after several attempts by both military and police trying to block him.

Gen. Tumukunde eventually overpowered the heavy deployment and made his way to Booma grounds for the launch.

Tumukunde was accompanied by Ms Beatrice Kiraso, the former greater Kabarole Woman member of parliament and former deputy Secretary General of the East Africa Community. Ms Kiraso is the Chief of Staff at Gen. Tumukunde campaign secretariat Kiraso told fellow Batooro to vote for Gen. Tumukunde because he is honest and straightforward.

“I cannot mislead you, people of Tooro. I have represented you in Parliament for two terms and I can assure you that he is the best candidate for you.  I have worked for the government for a long time, but I did not get much from it. We are coming with the change,” Kiraso said.

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FDC’s Amuriat arrested in Kitgum, driven to Uganda-South Sudan border

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Our Reporter
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amuriat arrested

Police in Kitgum have arrested Forum for Democratic Change-FDC presidential candidate Patrick Oboi Amuriat for trying to forcefully enter the town.

Amuriat was meant to campaign both in Kitgum and Lamwo today according to the campaign schedule.

According to the campaign programme by EC, two presidential candidates NRM’s Yoweri Museveni and Patrick Amuriat were both meant to campaign in Kitgum District today.

However, Amuriat was tempting to access Kitgum forcefully with his supporters while Museveni was already holding a rally there.

To avoid possible clashes between FDC and NRM supporters, a decision was taken by Police to prohibit Amuriat from entering Kitgum town but he resisted.

This caused police to fire teargas to disperse supporters of the FDC presidential candidate who were following him.

He was driven away to the Uganda-South Sudan border by police.

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Nyakana’s wife drags KCCA, UNRA to court over Centenary Park land

By
Our Reporter
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aerial view of centenary-park

Both Kampala Capital City Authority (KCCA) and Uganda National Roads Authority (UNRA) have been dragged to the High Court (Land Division) by Nyakana’s wife Sarah Kizito Nyakana over the Centenary Park land.

According to an application filed in the High Court on 12th November 2020 by Nalongo Estates Limited, which is owned by Sarah Kizito Nyakana, she wants to know the most effective and efficient way of ensuring the smooth implementation of the Kampala flyover project in co-existence with her rights under the Memorandum of Understanding (MOU).

Nyakana accuses UNRA of encroaching on her land saying she surrendered only two acres but the authority attempted to demarcate 4.7 acres of the Centenary Park land needed for phase two of the Kampala flyover. She added that KCCA had agreed to renew her lease and process for her a title for the remaining 2.7 acres.

She also wants to know whether the process of finalizing the extension of the lease to a full term and issuance of a lease term should be completed by KCCA.

“Whether the process of finalizing the extension of the lease to a full term in respect to the properties compromised in LRV 4211 Folio 14 Plot 96A, Kitante Road (Yusuf Lule Road), and LRV 4211 Folio 15 Plot 5 Park Lane and issuance of a lease term in respect of the property compromised in LRV 2825 Folio 1 Plot 34E-38E Jinja Road, all in favor of the plaintiff pursuant to the Memorandum of Understanding, should be completed by the first defendant (KCCA),” reads part of the application filed at High Court through her lawyers M/S Muwema & CO. Advocates and Solicitors.

Nyakana says that the tenants businesses have been adversely affected and disrupted by both KCCA and URA and they now live in constant fear of destruction of their properties and eviction yet the flyover project and the businesses are supposed to co-exist under the MOU.

“That this matter is clear and straightforward and it ought not to be subjected to long and winding litigation in the interest of expediting the government program of the said Kampala flyover project as it requires an interpretation of the aforesaid Memorandum of Understanding to determine the rights and obligation of the parties.”

According to KCCA records, Nalongo Estates Limited was given a contract to manage the green public open space land at Centenary Park on behalf of the city authorities. A contract which was to be renewed after five years.

The developers were supposed to plant trees that would create leisure gardens and conference centres among others and members of the public were to be allowed access without any restrictions.

However, the space was later fenced off and members of the public could not access it for free as permanent structures were constructed on part of the piece of land and turned it into bars and parlours.

After the expiry of the lease, KCCA attempted to obtain vacant possession of the land but there was a physical confrontation with KCCA enforcement officers, who wanted to demolish the structures and repossess the land to pave way for city developments.

Nalongo Estates Ltd has previously been at the centre of controversy in 2017 when the company blocked KCCA from accessing the same land to enable the installation of sewage pipes by the National Water Sewerage and Corporation (NWSC).

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SafeBoda exits Kenyan market as #Covid-19 aftermath bites hard

By
Our Reporter and Agencies
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Safe-boda-rider Courtesy photo.

Hundreds of motorcycle riders and workers of hailing app SafeBoda are set to lose jobs by the end of the month after the firm announced its exit from the Kenyan market, coming just two years after it entered the country.

In a notice on Monday, the Uganda-based tech startup said it will suspend its ride services from November 27, adding that the Covid-19 pandemic had weighed heavily on its operations.

“While Nairobi is seeing some economic recovery from Covid-19, boda transportation has been hit hard. This has meant our business cannot sustainably operate in this environment and, unfortunately, the timeline for a full recovery is not certain,” read part of the statement

SafeBoda is a community of entrepreneurs and bodaboda riders built to revolutionise transportation, payments, and on-demand services in Africa’s cities.

The firm’s exit is expected to hit hard its community of users and business value chain which extends to more than 4,000 riders in Nairobi.

Wallet balances

At the same time, the firm has encouraged users to exhaust wallet balances before November 27 by taking rides and sending packages.

The company will, however, offer refunds to customers with balances beyond the exit day.

In spite of its exit from Kenya, SafeBoda is expected to retain the rest of its continental footprint as it seeks to intensify its presence in other markets, including Uganda and Nigeria.

Last month, President Uhuru Kenyatta, during a social hall meeting with boda-boda riders, said the industry was emerging as one of the biggest drivers of the economy, with operators generating Sh980 million a day.

The Head of State was witnessing the signing of a major partnership between the Boda Boda Association of Kenya, Rubis Energy, the Capital Markets Authority, and Nabo Capital, which saw the birth of an investment scheme.

He termed the boda-boda sub-sector a sleeping giant that needs to be awakened.

“You have become a silent economic miracle in our midst and that is why I think this scheme came at the right time,” he said.

Full of potential

He described the sector as full of potential that can be of great importance if it puts mechanisms into use of its daily collection.

“With an average daily earning of Sh700, the sector’s annual earnings are estimated at Sh357 billion. Every single day, boda-boda operators collect Sh980 million,” said President Kenyatta.

He wondered why the riders are always complaining of being broke all the time yet the sector accumulates over Sh27 billion on a monthly basis.

“Every year, the boda-boda industry collects Sh357 billion; if you collect almost Sh1 billion a day, why does every boda-boda rider cry of hard economic times?” he asked.

According to the President, the sector supports, directly or indirectly, 5.2 million Kenyans which accounts for 10 per cent of the population. “This means that one in every 10 Kenyans makes his livelihood because of the business that you do.”

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Sudhir will defeat you, you are interpreting the law wrongly – Lawyer Ssemakadde warns BoU

By
Our Reporter
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BoU Governor Emmanuel Tumusiime Mutebile

“An act of contempt and disrespect of courts”

City lawyer Isaac Ssemakadde of the Center for Legal Brains Trust says Bank of Uganda and its legal advisors are wrongly interpreting the Financial Institutions Act by rushing to illegally liquidate Crane Bank.

Appearing on CBS FM last evening, Ssemakadde said that already there were two court rulings from the High Court commercial division and the Court of Appeal which all pin Bank of Uganda for wrongly interpreting the Financial Institutions Act and misusing the Act while managing the banking institutions in the country.

He further said that apart from the two courts, Parliament of Uganda also investigated the Bank of Uganda on the closure of seven banks where Crane Bank was the last one and its findings are clear and pointing at the Central Bank for illegally closing these local banks.

He noted that in the last court decisions, there were loopholes on the receivership of Crane Bank by Bank of Uganda after it sent a statutory manager to manage the bank and make a report but did not wait for him to submit his findings because officials in Bank of Uganda used police to seize Crane Bank while Katimbo was upcountry and they took away crucial documents including land titles some of which have since gone missing.

The lawyer noted that from there, BoU chased away Mr Katimbo and the first thing they did was to sale the bank at a friendly price to dfcu bank.

According to Ssemakadde, the law can give some individuals in an institutions powers but explains those individuals can use the law to enrich themselves like using it to undermine orders among others.

He says that Dr Sudhir Ruparelia refused the issue of individuals misusing the law and decided to seek court redress and has been registering court victories on different occasions adding that after the recent one he decided to go to the registrar of companies to seek for re-ownership of his bank which was illegally taken over by the central bank.

Ssemakadde added that the actions of BoU to rush to liquidate Crane bank out of fear and panic without waiting for the decision of the Supreme Court is an act of contempt and disrespect of courts.

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Court of Appeal in Fort Portal delivers nine Judgments in five days

By
Our Reporter
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court of appeal fort portal

The Court of Appeal sitting at Fort Portal had delivered five Judgments in the ongoing Criminal Appeals Session by close of business on Friday November 13th.

This brings the number of concluded appeals to eleven in a space of five days, having delivered four Judgments on Wednesday and dismissed two appeals on Friday.

Justices; Kenneth Kakuru, Christopher Madrama and Irene Mulyagonja overturned a life imprisonment sentence that had been handed to Nuwamanya James, Bwambale Sunday aka Kibwetere and Muhindo Asansiso for Aggravated Robbery but maintained the conviction. The appellants’ sentences were reduced as follows; the first appellant was sentenced to 16 years and eight months while the second and third appellants were each sentenced to 14 years and eight months after court deducting time spent on remand. The Court was fortified by the need to promote reconciliation amongst the family members as a key consideration in reducing the sentences. The younger offenders were treated more leniently than their elder.

The Court enhanced the sentence of Elly Musinguzi who had been convicted for Murder of his biological father on his own plea of Guilty. The Court allowed the appeal against his 19 year sentence on the grounds of illegality but maintained the conviction. The three Justices unanimously agreed to increase his sentence to 20 years and two months jail term considering that he killed his own father by pounding his head several times after resisting his attempt to snatch a plate of food from him.

In the Appeal of Turyahikayo Augustine, where he was appealing against the sentence of 20 years for Aggravated Defilement, the Court allowed the Appeal against sentence but maintained the conviction. “We find that 20 years imprisonment in addition to the one year and 11 months on remand is harsh and excessive in the circumstances and amounts to an injustice,” the Justices observed in their judgment. The Court went on to reduce the sentence to 12 years and one month.

The Court reduced a 20-year jail term handed to Patrick Nyakana for the offence of Aggravated Defilement to 11 years.

The Justices also set aside a 45-year sentence handed to Nahabwe Livingstone for two counts of Murder. They reduced his sentence to 22 years and four months in each count and added that the appellant would serve both sentences concurrently.

In their Judgment, the Court expressed concern on the disparity of sentences that are handed down by the High Court for similar offenses to accused persons that are incarcerated in the same prisons across the country. Earlier on, their Lordships had decried the overwhelming numbers in prison and had called upon all judicial officers to provide quick solutions.

The Court’s Deputy Registrar, Ayebare Tumwebaze, said the hearing phase had ended on Friday (November 13) and reiterated that the Justices were committed to ensure that the remaining judgments are delivered within three weeks’ time.

He was glad that all the lawyers and State Attorneys were soundly committed to the task and indeed delivered good returns. He also appreciated the prisons authorities who did their best to employ the technology for virtual hearings leading to the success of the scientific session.

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Pastor Ssemanda remanded to Kitalya Prison

By
Our Reporter
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Pr Ssemanda (courtesy photo)

Pastor Sirajje Ssemanda of Revival Ministries Church, Bombo has been remanded to Kitalya Prison until December 2nd, 2020.

He was charged with 17 counts of obtaining money by false pretense before Grade One magistrate Ketty Joan Acaa. He pleaded not guilty to all the counts.

Pr Ssemanda is accused of defrauding over 400 private school owners and thousands of parents of vulnerable children. Over Shs4 billion has allegedly been defrauded by him on promises of getting them scholarships, trips abroad and connecting them to Operation Wealth Creation.

The State House Anti-Corruption Unit on Sunday arrested Sirajje Ssemanda at Mutukula border as he attempted to flee the country to Tanzania after he had stolen billions of shillings from the vulnerable people.

It is alleged that Pastor Ssemanda connived with Pastor Franklin Mugisha Mondo and Presidential Advisor on Kampala Affairs Catherine Kusasira to swindle over 4 billion from the victims by promising them trips abroad and connecting them to income generating schemes. They also promised to take them to President Museveni for a meeting.

On Saturday, a group of pastors under their umbrella body- Hands Across the World petitioned Lt Col Edith Nakalema, the State House Anti-Corruption Unit Head accusing Kusasira, Mondo and Ssemanda of soliciting from them over Shs4 billion.

Catherine Kusasira and Pastor Mondo have also been summoned by the the State House Anti-Corruption Unit.

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