KAMPALA, UGANDA: The High Court in Kampala has issued an order to the UPDF and Uganda police directing them to leave Robert Kyagulanyi aka Bobi Wine’s home in Magere, Wakiso District.
The directive was issued on Monday morning following the hearing of a motion by NUP lawyers challenging his house confinement.
NUP lawyers led by Medard Sseggona told court that it is wrong for security to confine Kyagulanyi in an ungazetted place indefinitely and without any justification.
In his ruling on Monday, Justice Micheal Elubu ordered security operatives to “immediately vacate” Mr Kyagulanyi’s home or take him to an authorized detention centre if he (Kyagulanyi) has a case.
“Having found, as I do, that the restrictions imposed on the applicant (Kyagulnayi) are unlawful, it is hereby ordered that they are lifted. Consequently, an order for the restoration of the personal liberty of the applicant hereby issued,” Justice Elubu said in a ruling read on his behalf by the deputy registrar Jamson Karemani.
Bobi Wine had been under house arrest since January 14, 2021 after he returned from voting, with security claiming that they had evidence that he was planning to incite violence and lead demonstration after he disputed election results in which the electoral commission declared Mr Yoweri Museveni winner of the presidential poll.
The judge advised that if the state has evidence that Mr Kyagulanyi is a danger to society and is planning to commit an offence as security has been claiming, then they should follow the law, arrest him, take him to an authorized detention centre and prosecute him in a competent court of law.
“Otherwise his continued detention at his home is illegal and an infringement on his personal liberties,” he said.
The judge also ordered for “immediate restoration” of Barbra Itungo Kyagulanyi’s freedom and liberties after the Attorney General (AG) who was the respondent in the case on behalf of the State told court that her movements are not restricted.
The judge also granted Bobi Wine the costs of the application.