Justice Kavuma issues interim court order to stop Kayihura prosecution

Deputy Chief Justice Steven Kavuma has today issued an interim order halting the prosecution of Inspector General of Police (IGP) Kale Kayihura over torture charges before Makindye Magistrates Court.

Justice Kavuma  presided over an interim application filed Friday by a city advocate Robert Rutaro that sought to block the criminal trial of IGP Kayihura and seven other senior police commanders.

The Director of Civil Litigation Denis Biregye from the Attorney General’s chambers was  present in court  and  conceded to this application  whose hearing was  served to him today at midday.

Biregye said he has no problem with the proposal as long as Rutaro’s  main petition which challenges the legality of the torture charges is  fixed for hearing next week.

The judge said he based his ruling on the consent of both parties and  ordered that the said interim application stays in place until the main petition is heard and determined by the court. He however said he would give the full reasons for his decision on notice..

The applicant Rutaro successfully applied before Justice Simon Byabakama to have this application heard immediately in court vacation as there is a threat that the IGP might already be served with   summons  to appear and plead to the same charges on  Monday next week.

Rutaro who is the head of the youths desk at the NRM secretariat adds that the charge sheet before Makindye Court is defective since it does not disclose the  actual  torture acts to warrant Kayihura and his officers to defend them selves .The petitioner claims this violates the accused’s right to a fair hearing as  provided for in the Constitution.

Earlier, lawyers of of Alex Chandia and company advocates petitioned the Constitutional court challenging the constitutionality of the criminal proceedings brought by private prosecutors against IGP and his junior officers; saying the said charges arise from acts done in  execution of their official duties.