Crime & Investigation

Dismiss Our Case, ‘Jobless Youth’ Ask Court

The ruling National Resistance Movement party Caucus members have expressed their dismay and questioned why Tanzania and Burundi are being excluded and sidelined in the different East African Community pacts being between Uganda, website Kenya and Rwanda.

The party organ that has now significantly lost media attention mileage it enjoyed climaxing in Kyankwanzi resolution and developments that followed, dosage sat on Wednesday to discuss the Mutual Peace and Security Pact signed by Presidents Yoweri Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda.

NRM wanted to get a common position of its decisive majority members on the matter before presenting on the floor of Parliament for ratification as required by the article 123 (1) of the country`s Constitution and section 2(B) (1) of the Ratification of Treaties Act.

Members convened at President’s office, Parliament.

The Caucus members who always endorse all the actions of president Museveni who is also party chairman, uncharacteristically queried and almost rejected the ratification of Mutual Peace and Security Pact in a hot session chaired by the deputy chair, David Bahati.

Sources who attended the ever closed door meeting told Chimpreports they openly made it clear that it is inconceivable to accept something in the name of East African Community when other member states are being persistently sidelined without solid explanations.

“Most of us told them point blank this time round. There is no way a sensitive Pact can be brought in the name of East African Community when important members and neighbours are being left out time and again,” a lawmaker who attended the meeting but asked not to be named since he is not authorized to speak to press, told this investigative website on Wednesday night.

The latest development will evoke memories of the diplomatic fallout between Uganda, Rwanda and Kenya on one side and Tanzania on the other during meetings for the Northern Corridor infrastructural summits.


Tanzania complained that it was being left out of the meetings.

Diplomatic sources said then that Tanzanian officials were slow in implementing decisions aimed at boosting infrastructural developments thus slowing regional economic growth.

Interestingly, that was the time when Rwanda and Tanzania were at bad terms over President Jakaya Kikwete’s support of DRC’s war against M23 rebels in Eastern Congo.

The M23 had provided a buffer zone between Rwanda and FDLR genocidal militants in Congo. The defeat of the M23 combatants exposed Rwanda to intrusions by FDLR.

The pact that was tabled Wednesday afternoon on the floor of Parliament by government was signed by above three Heads of State in pursuant to the decision of the Tripartite Summit held in Entebbe on 25th June 2013 and in Mombasa on 28th August on Security Cooperation and is in compliance with article 8 of MoU of fast-tracking East African Integration signed in Kigali on 28th October.

Major ingredients in the pact are “collective measures taken by the partner states to ensure peace and security including combating cross border crime, counter terrorism, transitional crimes, management of disasters among member states etc.”

The Minister of Defence Dr. Crispus Kiyonga said the “purpose of the Mutual Defence Pact is to encourage and maintain an atmosphere that is conducive to peace and security through cooperation and consultations on issues pertaining to the prevention, better management and resolution of disputes and conflicts in the region.”

He also said that the signing of the Pact was in line with the United Nations Charter, the Constitutive Act of the African Union, the Treaty for the Establishment of the Peace and Security Council of the African Union, the Treaty for establishment of the East African Community and the Constitution of Uganda.

The Pact on Peace and Security is intended to establish a framework for combating crimes to contribute towards peace and security among partner states.

According to the Pact, partner states agree to protect and safeguard their development against instability arising from the breakdown of law and order; and to coordinate and cooperate in matters related to peace and security in the states.

Parliament Speaker, Rt. Hon. Rebecca Kadaga, referred the pacts to the Committee on Defence and Internal Affairs for consideration.
At least ten members of the ‘Jobless Brotherhood’ who were recently arrested for assembling at the Independence monument in Kampala with a coffin have asked Court to dismiss their case after state’s failure to produce evidence for their hearing to kickoff.

The group, this web through their lawyer Isaac Ssemakadde Kimaze, told City Hall Magistrate Moses Nabende that Article 28(i) of the Constitution entitles them to a speedy hearing which according to the lawyer has not happened.

“Section 119 of the Magistrates Court Act entitles court to dismiss a charge where the complainant fails to demonstrate ability to move on with the case. The facts here are simple as the accused are alleged to have participated in an unlawful assembly but the state has failed to proceed with investigations,” Ssemakadde told court on Thursday morning.

According to the lawyer, prosecution has failed to avail to court the number of witnesses to testify in the case as required by law despite numerous requests by the defence side.

“The prosecution has failed to adduce evidence that would change the course of the case to take it for hearing. We ask that they are given one week or else court dismisses the case,” charged Ssemakadde.

The accused – Ferdinand Luutu, Amos Ojok, Oloya Akena, Ambrose Juma, Nasimbwa Nalongo, Augustine Ojobilo, Joram Mwesigye, Robert Mayanja, and Norman Tumuhimbise  under their group ‘Jobless Brotherhood’ – were  in August  arrested and charged for unlawful assembly on Kampala streets.

They were found at the independence monument with banners bearing several political messages such as: ‘We are mourning for our country over corruption, unemployment, youth desertion. Do not lead us into temptations.”

Prosecution said the suspects had an intention of causing disturbance in Kampala by “participating in unlawful assembly.” The hearing of the case has been adjourned to December 16.

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