Judge issues criminal summons against two police officers

Kampala, Uganda | THE INDEPENDENT | High Court Judge Wilson J. Kwesiga has today issued criminal summons against two police officers after they failed to appear in court for the second time.

The police officers identified as detective AIP Francis Katega and Corporal Viola Nambi, are currently attached to Kyengera and Kabalagala police stations respectively.

However, before they were attached to Kajjansi police station and were both involved in investigations against Wilson Kalenzi. In the court sitting at Entebbe, the state accuses Kalenzi of committing aggravated defilement by performing a sexual act on a four-year-old girl. The incident allegedly took place on 29th April 2020 in Bwebajja-Kajjansi town council, Wakiso district.

Kalenzi appeared before Justice Kwesiga on April 30 and denied the charges. Thereafter, the state produced witnesses including the victim and a medical doctor who pinned Kalenzi. However, the case was adjourned to May 6th in order for the two police officers to testify because they were absent.

However, they  also did not appear on Thursday May 6th, making this their second no-show, prompting the judge to issue criminal summons against them.

Before issuing the criminal summons, he asked State Attorney Mariam Njuki if the duo were aware that they were supposed to appear in court.  Njuki answered in the affirmative.

Justice Kwesiga says that if the police officers do not appear, then he will order the state to produce other witnesses or close its case if it does not have any additional evidence to tender in. Thereafter, he will deliver his ruling on whether or not Kalenzi has a case to answer.

He also issued criminal summons against two prosecution witnesses who were absent from court when a matter they were interested in was brought before him.

This was after State Attorney Mariam Njuki noted that prosecution had lined up Joweria Nakirya and Moses Lukabubya as its key witnesses and that they were present in court. However, after five minutes, Njuki told court that the duo had already left the court premises.

“My Lord, in the morning, these witnesses were here in court, but I’ve been told that they left during lunch time,” Njuki said.

The session had started at 9am but this particular case was brought up after 3pm.

The duo are complainants in the case against a one Francis Kimbowa. Kimbowa is charged with three counts of aggravated robbery where he allegedly robbed Nakirya of 72.7kilograms of fish maw, valued at a total of shillings 75 million and used a gun during the robbery that took place on 13th September 2017.

On the same day, he also robbed Lukabubya of his Tecno C8 mobile phone and an iphone 6 plus phone, all valued at shillings 3.1 million. He is also accused of committing a felony of aggravated robbery, contrary to section 290 of the Penal Code Act, as count number three. The robberies took place along Kasenyi road in Katabi town council, Wakiso district.

Kimbowa denied all charges. But after the state’s lawyer noted that its witnesses had left court prematurely, Justice Kwesiga issued criminal summons against them. He has also threatened to have the duo arrested and remanded if they do not appear in court.

Meanwhile, Justice Kwesiga has ruled that Duncan Besigye has a case to answer. The 29-year-old Besigye is accused of defiling a girl aged 7 years. He allegedly committed the offence on 22nd March 2020 at Nkumba-Bukolwa village, Katabi town council in Wakiso district.

Kwesiga made the ruling in a closed session, after the victim and other witnesses including the medical report incriminated Besigye. Besigye is now expected to defend himself on May 10.

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URN