High court judge Vincent Okwanga has threatened to dismiss the matter in which Robert Sempebwa aka Kazahura and two others are accused of murdering ten “special hire” drivers.
This followed defence counsel Gaston Kamugisha’s submissions to court in which he asked the judge to dismiss the case since the prosecution has up to now failed to commence with hearing of this 9-year-old case.
“My lord the state seems to be reluctant in trying my clients, it appears like they are now being persecuted. In order to prevent the abuse of court process I pray that this court dismiss this matter since it will not bar the office of the DPP to try my clients whenever they get prepared to do so,” he submitted.
The State Prosecutor Mariam Njuki in response, asked court to adjourn the matter so that they can be able to trace this file.
Plea taking in this matter was expected to take place today but in the absence of Yiga Charles, one of the accused who is out on bail, and the absence of the Police file, the case couldn’t proceed.
In his ruling, Justice Okwang ordered that on the 20th of March 2019, Prosecution must appear in court with the missing file of this case.
“Under Article 28, the accused persons are entitled to a speedy trial but for almost ten years now the court has not been ready to proceed with this trial which tantamount to abuse of court process,” he ruled.
The judge also ordered the prosecution to summon Yiga Charles who is on bail to appear in court on that day alongside two of his colleagues Sempebwa Robert aka Kazahura and Bob Kibirango who are on remand at Luzira prison and were present in court today.
The trio are charged with aggravated robbery and over ten murders of special car hire drivers whom they used to kill by strangling after which dropped their bodies in swamps and bushes.