Kampala, Uganda: The International Crimes Division of the High Court has ruled that Balyejusa Bruhan Kalyango, alias Masiga, one of the suspects accused of killing former police spokesperson AIGP Andrew Felix Kaweesi, will be tried in absentia after absconding from court for nearly six years.
Kalyango, jointly charged with seven others over terrorism, murder, aggravated robbery, and belonging to a terrorist organisation, vanished shortly after being granted bail on August 6, 2019. His bail conditions had required him to report to court every month, a requirement he failed to honour, leading to his being declared a fugitive.
The landmark ruling was delivered by a panel of justices comprising Dr. Winifred Nabisinde, Susan Okalany, Richard Wejuli Wabwire, and Dr. Andrew Bashaija (alternate).
“The respondent’s failure to appear in court, abandonment of known residences, and severance of communication indicate that he has absconded. This act effectively waives his right to be present and to be heard at his trial,” the judges ruled.
The court heard from prosecution led by Lino Anguzu (Assistant Director of Public Prosecutions) and Senior State Attorney Marion Ben-Bella, who accused Kalyango of deliberately exploiting bail as an opportunity to escape justice.
“He sold his house, vanished from his known residences, and has not reported to court or contacted his lawyers. His actions have stalled proceedings, affected co-accused persons, and denied justice to victims and the public,” Anguzu submitted.
Despite criminal summons being issued multiple times and notices broadcast on radio and published in newspapers, Kalyango neither appeared in court nor communicated through his sureties.
The judges cited precedent from Uganda vs Hon. Herbert Kabafunzaki and Uganda vs Gulindwa Paul and Tumusiime, reaffirming that a sound-minded accused who voluntarily absents himself after notification forfeits his right to be present.
“Justice must not be hostage to those who manipulate the system. A criminal justice system cannot allow impunity by pausing trials indefinitely for absconders,” the judges observed.
The court noted that the 2017 assassination of AIGP Kaweesi generated significant public concern and expectations, warning that further delays risked eroding the memory of witnesses and infringing on the rights of the co-accused to a fair and speedy trial.
“Justice delayed is justice denied. The trial must proceed to protect the rights of the accused who are present, the victims’ families, and the public at large,” the court said.
Kalyango was initially represented by Geoffrey Turyamusiima, who later withdrew. The court has since appointed Caleb Alaka and Evans Ochieng on state brief to ensure Kalyango’s right to legal representation remains protected despite his absence.
The alleged offences, including the murder of AIGP Kaweesi, carry a maximum sentence of death, prompting the court to order an urgent continuation of proceedings in the interest of justice and public policy.
With the court’s green light, trial proceedings against Kalyango and his co-accused will now proceed, marking a pivotal step in a case that has lingered unresolved since 2018.
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