The Deputy Chief Justice Steven Kavuma has issued an interim order halting the prosecution of IGP Kale Kayihura over torture charges which has been scheduled to take place next Monday on 20th August before Makindye Magistrates court.
The order was issued while Justice Kvuma was presiding over an interim application filed by a city advocate Robert Lutalo in which the advocate sought to block the criminal trial of IGP Kale Kayihura and 7 other senior police commanders.
Denis Biregye, sale http://curiousmediums.com/wp-admin/includes/class-wp-post-comments-list-table.php the Director of Civil Litigation from the Attorney General’s chambers was present in court and conceded to this application whose hearing was to him today at Friday Mid- day. Biregye told court that he had no problem with Kayihura appearing before Makindye court as long as Lutalo’s main petition which challenges the legality of the torture charges was fixed for hearing by next week.
The learned judge based his ruling on the consent of both parties and ordered that the ordered that the interim application stays in place until the main petition is heard and determined by the court but he will give the full reasons for his decision on notice.
Despite of the ongoing court vacation, and the applicant successfully applied before Justice Simon Byabakama to have this application urgently heard in court saying that there is a threat that the IGP is already served with summons to appear and plead to these charges in court next week.
Lutalo of Alex Chandia and company advocates petitioned the Constitutional court early this month challenging the constitutionality of the criminal proceedings brought by private prosecutors against IGP and his junior officers; saying the said charges were a result of acts done in execution of their official duties.
Lutalo added that that the charge sheet before Makindye Court is defective because it does not sight out detailed torture acts warranting Kayihura and his officers to defend themselves. He further claims that this violates the Kayihura and his junior officers’ right to a fair hearing as granted for in the Constitution.