Court

Court issues arrest warrant against Kakwenza’s sureties

“If the sureties appear in court with the bail money (shs10 million each), their obligation as sureties will be discharged and the arrest warrant cancelled,” Magistrate Singiza stated

Novelist Kakwenza Rukirbashaija

KAMPALA, UGANDA: The Buganda Chief Magistrate’s Court in Kampala has issued arrest warrant against sureties of exiled Novelist Kakwenza Rukirabashaija’s for violation of bail terms.

Kakwenza was in January this year granted bail with four people including National Unity Platform Secretary-General Lewis Rubongoya, lawyer Julius Galisonga, Annah Ashaba, a teacher at Kololo Secondary School, and Job Kiija presented as his sureties.

However, in a turn of events, the satirical poet flew the country to Germany where he said he had gone into exile while receiving treatment for wounds inflicted on him while in military detention.

The Buganda Road Chief Magistrate’s court last week issued criminals summons to the four sureties to appear today to show cause for not bringing Kakwenza to court.

On Monday, April 11, 2022, the Buganda Road Chief Magistrate, Dr.Douglas Singiza issued arrest warrants for all the four sureties. “An arrest warrant is issued against all the four sureties in this case,” he said, before adding; “If the sureties appear in court with the bail money (shs10 million each), their obligation as sureties will be discharged and the arrest warrant cancelled.”

Earlier, the state prosecutor, Joan Keko had asked court to force the four sureties to forfeit the shs10 million bail money each had been asked to pay as bond or they should show cause as to why the court should not order their arrest.

“Since the accused is not in court, the only way sureties can be discharged is by forfeiting the money given when the accused was granted bail,” Keko told court.

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The lawyers for the four sureties however dragged court saying ordering their arrest would be unfair to them.

“In the event of the urge of enforcing the obligations of the sureties, arresting them shouldn’t be the first option,” lawyer Samuel Wanda who represents Rubongoya and Ashaba told court.

He said the first option should be asking that the sureties forfeit the shs10 million each and if this fails, then court can order for their arrest.

Lawyers Josephine Nasasira representing Julius Galisonga and Ivan Bwowe for Job Kaija asked court that their clients be discharged as sureties for Kakwenza.

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However, in his ruling, the Buganda Road Chief Magistrate said what the lawyers were asking for is akin to trying to stop water under the bridge.

“What the sureties are trying to do stopping water under the bridge where most has already passed. The sureties have breached their obligations and their prayer is a non-starter. Court cant be stopped now from issuing an arrest warrant,” Dr.Singiza said.

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