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Kampala, Uganda | THE INDEPENDENT | High Court has quashed an order by Uganda Police Force stopping events promoters from organising Kyarenga music concert featuring Kyadondo East Member of Parliament Robert Kyagulanyi alias Bobi Wine.
In her judgment delivered on Wednesday, Justice Esther Nambayo said the letter issued by police on April 19th 2019 halting Kyarenga concert indefinitely is illegal, irrational unreasonable and an abuse of power.
The decision stems from an application filed by Abtex Productions and Bajjo Events and Marketing Agencies limited, which are owned by Abbey Musinguzi alias Abtex and Andrew Mukasa alias Bajjo, respectively.
The two told court that on March 25th, 2019 they wrote to the Inspector General of Police asking for security ahead of Kyarenga concert.
The IGP reportedly wrote back stating a number of conditions they are required to fulfill before the concert could be cleared, which they did.
They told court that they were shocked to receive an April 19th 2019 letter from Asuman Mugenyi, the director in charge of operations Uganda Police Force ordering them to immediately suspend the five concerts that had been scheduled for the Easter holidays last year.
The said concerts were scheduled to take place in Gulu, Lira, Arua and Kampala districts. Court heard that no credible reasons were given in Mugenyi’s letter for the cancellation of the concerts.
The applicants also told court that on April 22nd, 2019 while on their way to One Love Beach Busabala with Bobi Wine where they had organized a press conference to address the public on the cancellation of the concerts, they were blocked by police from accessing the venue and subsequently arrested.
They told court that they were taken to Bobi Wine’s home in Magere in Wakiso district where they were held under tight security.
They asked court to quash police’s decision to cancel the concerts, saying the process leading to the same was marred with irrationality and procedural impropriety. They also argued their freedom to liberty and economic rights enshrined under the Constitution were violated.
In her judgment, Justice Esther Nambayo concurred with the applicants saying Mugenyi’s decision to stop the concerts was outside the law and therefore illegal. She said the arrest of the organizers without specific reasons and bundling them at Bobi Wine’s home which isn’t an official detention facility was done in bad faith.
“In my view, this was in bad faith, it was absurd and it would appear that the decision-maker had taken leave of his senses”, said Nambayo. She also dismissed as improper claims by police that the concerts were cancelled basing on alleged misconduct during the past concerts.
Justice Nambayo argued that evidence shows that the organisers had complied with the conditions set by police for the Kyarenga concerts case and that they were even the ones who wrote to police first. “It was wrong for the police not to give the applicants an opportunity to be heard on the allegations made against them in respect of their past conduct”, she said.
She accordingly issued orders stopping police from preventing musical shows and celebrations of a social nature organised by the applicants. Andrew Mukasa alias Bajjo declined to comment on the court decision, saying he was preparing to address a press conference together with his lawyer, Erias Lukwago where he will speak about the matter.
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