UPDATE: General Kale Kayihura has been granted bail by the Military Court Martial.

His travel has however been restricted to Wakiso, and Kampala.

Former Inspector General of Police, Gen. Kale Kayihura has been produced before the General Court Martial in Makindye to apply for bail, following; charges of Failure to protect war materials, and aiding kidnapping from Uganda, he faced last week.

As usual Makindye Military prison(Barracks) where General Kayihura is being detained has used the back door of the Court to sneak him in.

The seven-member panel of the court chaired by Lt. Gen. Andrew Gutti is now in session, and General Kayihura in the dock, ready to argue his bail application through his lawyers from Kampala Associated Advocates led by Peter Kabatsi.

In the charges Gen. Kayihura denied last week, its alleged that between 2010 and 2018 While in the performance of his duties, allowed the issuance of arms and ammunition to unauthorised persons like members of Boda Boda 2010 headed by one Abdullah Kitatta.

Gen. Kayihura is also accused of failing to supervise and ensure accountability for arms and ammunition issued to units under the office of the IGP.

Prosecution further alleges that between 2012 and 2016 the former IGP aided the actions of subordinate police officers without hindrance to kidnap, and illegally repatriated 3 Rwandan exiles, refugees and Ugandan Citizens to Rwanda.

READ MORE: Gen.Kayihura faces death for reportedly failing to protect War Materials

These included Lt. Joel Mutabaazi, Jackson Karemera and Sgt Innocent Kaliisa.

According to Prosecution's Major Raphael Mugisha, investigations, in this case, are still ongoing and the Main case was adjourned 4th/September for mention.

Gen.Kayihira's family, relatives, friends and wellwishers have filled the court. 

Grounds for Bail

The other grounds are; strong belief in his innocence and that he is ready to prove that whenever the trial commences, sole bread winner for his family, has a fixed place of abode in Muyenga, Kampala, has a health complication that needs specialised treatment, and will not abscond court.
According to our sources, the sureties to bail out Kayihura are; Maj Gen James Mugira who is the managing director and chief executive officer of the National Enterprise Corporation (NEC), the business arm of the Uganda People’s Defence Force (UPDF); Entebbe Municipality MP Rose Tumusiime and Maj Gen Samuel Kavuma, the deputy commander of Land Forces of UPDF.
Gen Kayihura’s lawyers of Kampala Associated Advocates (KAA), had last Friday pleaded with the court to release their client on bail shortly after he was formally charged but the chairman, Lt Gen Andrew Gutti ordered them to file grounds first.

Gen Kayihura has been in detention at Makindye military barracks for the last 75 days.

In his response the Army court's lead Prosecutor Major Raphael Mugisha did not object to Gen. Kale Kayihura's release on bail, nor did he get time to file a formal reply having been served yesterday.
He however asked presiding Court Chairman Lt.Gen. Andrew Gutti to put stringent conditions on Gen.Kayihura that will compel him to return to court for his trial, and also deter him to interfere with investigations.
Lt. Gen. Gutti has adjourned the Court Session for one hour for the panel to deliberate on Gen. Kayihura's bail application.

The law

Section 122 (1) of the UPDF Act, reads that a person subject to the military law who fails to protect war materials, misuses or sells them, commits an offense and on conviction, is liable to suffer death.

ALSO READ: How General Edward Kale Kayihura fell out of favour