Kampala, Uganda | THE INDEPENDENT | The Directorate of Public Prosecution-DPP has asked the High Court Criminal Division to deny bail to one of the suspects charged with the murder of the daughter and driver to the Works and Transport Minister General Katumba Wamala.
It is alleged that Sheikh Yusuf Siraji Nyanzi, a herbalist and others still at large caused the unlawful death of Brenda Nantongo Katumba and Haruna Kayondo.
According to the prosecution, the murder was done by shooting the deceased to death on June 1st 2021 along Kisota road in Kisaasi, Nakawa division in Kampala. The former Chief of the Defense Forces Katumba Wamala survived but sustained gunshot injuries which he is steadily recovering from.
But after the incident, Nyanzi was the first person to be arrested on June 16th 2021 from his home in Kisaasi-Kyanja in Nakawa division and seven other suspects have since been charged before the Nakawa Chief Magistrates and equally been remanded to Kitalya government prison also on similar charges.
The seven others are; Hussein Sserubula, Muhammad Kagugube, Kamada Walusimbi, Siriman Ayuub Kisambira, Abdulaziz Ramathan Dunku, Habib Ramanthan Marjan and Huzaifa Wampa.
With exception of Hussein Sserubula who also filed a separate bail application about two weeks ago on the same day with Nyanzi, the rest are yet to apply.
However, through his lawyers of Wameli and Company Advocates, Nyanzi told the court in his application that he is the sole breadwinner of ten children and that he has substantial sureties.
The 46-year-old listed his wife Sumayyah Musa Namulindwa, his friend Yusuf Ssemugabo and his brother Jamil Ssebaduka as his sureties.
Nyanzi further noted that the offences against him are bailable by the High Court and that he will not interfere with the on-going investigations once released.
However, the DPP has objected to the bail in an affidavit seen by URN which was sworn by Detective Assistant Inspector of Police, Desire K. Wandera who is one of the officers investigating the case.
According to Wandera, “the applicant/Nyanzi belonged to the Allied Democratic Forces-ADF a prescribed terrorist group, who was previously granted amnesty by the Government of Uganda in 2013, but he violated it.”
This is not the first time the Directorate of Public Prosecutions is using this ground as a basis to object to the bail of Nyanzi.
In 2018 and 2019, when Nyanzi was seeking bail concerning five other murder cases against him that include the murder of former Police Spokesperson Andrew Felix Kaweesi, his bodyguard Kenneth Erau and driver Godfrey Mambewa, Major Muhammad and his bodyguard Sergent Steven Mukasa, the State raised the same ground.
But Nyanzi was later released on bail pending the determination of those cases until his re-arrest last month on Katumba Wamala shooting.
The prosecution now adds that the charges against Nyanzi “are all grave in nature and involved personal violence, upon conviction, they carry maximum sentences of death and once the applicant is granted bail, it is highly probable that he will abscond from the court process”.
The affidavit of Wandera also points out that “the applicant does not have substantial sureties to ensure that he will report to court whenever required to.
Therefore, in the interest of justice, the DPP wants bail denied on the said circumstances.
The High Court now is waiting for a response from the lawyers representing Nyanzi on the allegations stated by the DPP before Justice Tadeo Asiimwe who is handling the matter gives them a date for ruling on the application.
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