Crime & Investigation

Ex-LRA Commander Kwoyelo’s Neck Still In the Noose

ampoule dosage sans-serif; font-size: small; line-height: 200%;”>Principal State Attorney, Patricia Mutesi, on behalf of the Attorney General (AG) informed court yesterday that the Constitutional court was wrong to hold that Kwoyelo suffered unequal treatment under the law when the Director of Public Prosecution (DPP) prosecuted him despite having applied for Amnesty.

“The Constitutional Court found that the DPP gave other people Amnesty and left out Kwoyelo but the DPP grants Amnesty after one has appeared in court,” she pointed out.

She added: “There was no evidence in the Constitutional Court that those who were granted Amnesty appeared before any court and were released by the DPP.”

She said even the Amnesty Act under which Kwoyelo wants to escape facing his war crimes is inconsistent with article 20 Uganda’s Constitution and other international treaties Uganda ratified.

“The Act gives blanket Amnesty to all rebel groups and in respect of all crimes committed; the LRA committed grave violation of human right, but to date, the DPP cannot prosecute any of the rebels as long as they sign the Amnesty Declaration Form.”


“Under Article 120 of the Constitution, the DPP chooses whom to prosecute but under section 2(a) of the Amnesty act the DPP can only prosecute those people whom the minister finds ineligible for Amnesty and the Constitutional Court agreed with this which was wrong because the Constitution makes the DPP independent from any control,” she argued.

In response, Kwoyelo’s lawyer, Caleb Alaka, told Court that the Amnesty Act is in line with the preamble of the Constitution which talks about never to return to the Country’s bad history of civil wars.

Alaka said Kwoyelo was abducted in 1986 when aged 13 and never went to the bush on his own volition so he should not be punished by the same state which should have protected him from his captors.

He said the State signed Amnesty for senior LRA commanders like Brig. Keneth Kolo, Brig. Banya of a higher rank and go for Kwoyelo which was discriminatory.

He said by the time Kwoyelo applied for Amnesty, over 200 had been granted but his application was rejected and after, nine more people were released which amounted to discrimination.

A panel of seven Supreme Court Justices chaired by Bart Katureebe promised to give their decision on notice.

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