The Buganda Road Magistrates Court has issued a warrant of arrest against Dr. Kiiza Besigye and Rubaga North former Parliamentary Candidate Samuel Lubega Mukaaku. This is after they failed to show up in court for the second time to face trial on charges of inciting violence.
The warrant of arrest was issued by Grade One Magistrate Asuman Muhumuza following a request by the prosecution.
The prosecution alleges that on June 14th, 2022 in Kikuubo, Shauriyako Parish, Kampala City, Besigye, and Mukaaku without lawful excuse made statements indicating that it would be desirable to demonstrate, which could cause violence and damage to property.
At the time of their arrest and subsequent prosecution, the Besigye and Mukaaku were protesting the skyrocketing prices of commodities in the country and were traveling in Besigye’s vehicle.
They were granted bail and ordered to appear in court as and when required. But on Thursday, they were not in court.
The prosecution led by State Attorney Ivan Kyazze informed Court that Besigye and Mukaaku were absent despite the prosecution bringing witnesses who were from far.
Kyazze said, that Besigye and Mukaaku have been absconding without clear reasons and their appearances have not been consistent.
Kyazze told the court that due to the actions of the two, they are finding it hard to give them a speedy trial as required by law. He asked the court to issue warrants of arrest against the two and criminal summons against their sureties who were also absent.
Musa Matovu who represented Erias Lukwago, the lawyer of Besigye and Mukaaku said that their non-attendance in the last sessions is not deliberate. He informed the court that Besigye and Mukaaku are currently out of the country.
He added that the suspects’ lawyer and the prosecution lost track of the case on February 22 2023 when the hearing did not proceed because the Magistrate was indisposed.
Matovu said that in the next session, the magistrate and the suspects did not turn up.
He asked for an adjournment of the case, but Kyazze insisted that Matovu did not avail court with itinerary travel for Besigye and Mukaaku such as the details of the Visa as well as the photocopies.
Kyazze also said that the lawyers did not seek permission to enable them to travel outside the country. He also denied allegations that the Magistrate was indisposed.
In his ruling, Muhumuza agreed with the prosecution saying that Matovu’s submissions were false. He said that in May, Besigye and Mukaaku attended Court but missed the subsequent sessions.
Muhumuza said that even when criminal summons were issued Besigye and Mukaaku they still didn’t show up to court as required and the only appropriate option left was to issue a warrant of arrest and criminal summons against each of their sureties.
The case was adjourned to August 25.
