The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Socialite Nasser Nduhukire commonly known as Don Nasser has claimed he was kidnapped while in Kenya in a case where he is battling charges of aggravated trafficking and defilement before the International Crimes Division of the High Court in Kampala.
On Thursday, Don Nasser through his lawyers led by Musa Kabega and Friday Roberts Kagoro submitted before the Court presided over by Justice Dr Andrew Bashaija documents seeking release on bail.
Nasser said he is a businessman operating within and outside the country and a resident of Kira Municipality for over eight years. However, his business wasn’t specified.
“That on the 20th day of September 2024, while on a business trip in Nairobi, I was unlawfully kidnapped and without due process of the law returned to Uganda, and detained at Kira Road Police Station for three days”, reads the application.
It adds that on September 23rd, Don Nasser was arraigned in the Chief Magistrates Court of Buganda Road and subsequently remanded to Luzira Government Prison.
He notes that he has since been on remand for more than two months and that investigations are still ongoing coupled with the fact that he hasn’t yet taken a plea; that therefore, there is a real likelihood of substantial delay in hearing his case.
“….It is well known that court takes on trial based on “first in, first out” wherein the old pending cases are given priority in cause listing and hearing thereby giving me a minimal possibility of my case being heard soon”, adds Don Nasser in his affidavit in support.
He adds that he is a citizen of Uganda, a holder and has a fixed place of abode in Kira Municipality Wakiso District which is within the jurisdiction of this Honourable Court.
According to Don Nasser, he is a law-abiding citizen who has never previously absconded or jumped bail and he has been advised by his lawyers that the offences against him are bailable by the International Crimes Division and neither can he interfere with witnesses or investigations.
He says he has substantial sureties and is ready to abide by all terms and conditions put on him by the court.
However, the Judge directed that Don Nasser’s sureties who were physically in court be examined in the next session.
The Prosecution which was being represented by Chief State Attorney Richard Birivumbuka and Senior State Attorney Marion Ben Bella Prosecution and the defense have been given deadlines to file and serve documents.
Justice Bashaija directed that the prosecution must file its affidavit of Detective Constable Ruth Tumwikirize in response to the application with attachments by December 6th 2024, while the defence must submit their rejoinder and supporting documents by December 10.
He added that the prosecution will make submissions in reply by December 13, and the defence will make a rejoinder by December 17 if necessary.
He adjourned the matter to December 18th for examination of witnesses in case all the orders given have been complied with and also for ruling.
Don Nasser’s claims of being arrested from Kenya come at a time when the Kenyan government is on the spot following the abduction of Dr Kizza Besigye from Kenya who later appeared in the military court.
His abduction follows the earlier arrests of members of the opposition Forum for Democratic Change (FDC) party’s Katonga faction, also from Kenya.
Don Nasser who was committed by the Buganda Road Chief Magistrates Court on Monday has been remanded until then.
Prosecutors allege that Don Nasser, and Promise Ateete, who is currently out on bail, committed a series of crimes between May 3rd, 2024, and May 27th, 2024.
The alleged offences occurred in multiple locations, including Acacia Avenue, Tagore Living Apartments along Kayunga Road in Kampala District, and Kito Zone Kira Municipality, Wakiso District.
According to the Prosecution, Don Nasser and Ateete recruited, received, transported, or harboured a 16-year-old girl using fraudulent means, abuse of power, or exploiting her vulnerability. The intention prosecutors claim, was sexual exploitation. Furthermore, it is alleged that Don Nasser defiled the girl, who was procured by Ateete, to have unlawful carnal knowledge of her and used toxic substances such as cocaine to drag the victim into sexual activities on some occasions.
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