Lawyers representing former IGP Gen Edward Kale Kayihura have said their client could have decided to take legal action against his lengthy detention by the military without trial, but he chose not to.
Gen Kayihura appeared today at the Makindye General Court Martial, where he was formally read three charges relating to failure to protect war materials, and aiding and abetting kidnap.
The charges stem from his alleged role in arming the notorious Bodaboda 2010 group, his failure to account for firearms in his own police force, and also presiding over the kidnap and expatriation of three people from Uganda to Rwanda.
Gen Kayihura denied all charges.
Addressing court later on, his lawyers led by Counsel Peter Kabatsi said the former IGP was aware of his options if he wanted to fight back what they called “injustice,” but he advised them not to.
Kabatsi says Gen Kayihura remained positive that the truth would eventually triumph.
“Our client has been confined in Military custody in Makindye since June 13th 2018,” he said, adding that for 72 days and specifically 1728 hours, no charges had been brought against him.
“Clearly this is not in conformity with our laws and our constitution,” he said.
“Our client was aware of his rights and what to do to ameliorate that injustice. He knew the complete legal provisions provided in our laws to ameliorate this unlawful detention, because it went well beyond 48 hours.”
“But after consultation with his legal team, we acceded to his wishes, (not to take action).
“He was prepared to endure the indignity and personal discomfort and suffering and allow those responsively for his confinement – the accusers presumably, — to have a run through their pile of falsehoods because he knew that the truth would eventually triumph, but he didn’t think it would take so long”
Nonetheless, Kabatsi said Kayihura and his team of lawyers were ready to answer to the charges, and prepared to give his defence.
The defence requested to be allowed to make an oral application for Gen Kayihura to be granted bail, but the Court Chairman Gen Andrew Gutti said this is against the court rules.
Procedurally, he said, the court martial bail applications must be by Notice of Motion and accompanied by an affidavit
He has thus set the 28th August as the date at which court will hear their bail application in case they happen to file it in time and 4th September 2018 for mentioning of the main case.