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Kyagulanyi’s absence delays hearing of his case against police

Mbale RDC Sulaiman Ogajjo Barasa (R) with the Mbale District top security officials at court. Courtesy photo

Mbale, Uganda | THE INDEPENDENT | The hearing of the case in which National Unity Platform President and Kyadondo East Legislator Robert Kyagulanyu sued police for blocking his appearance at a radio station has failed to kick off as he has missed court for the second time.

This is the second time Kyagulanyi is failing to show up in the Mbale Magistrates court over the same matter.

Two weeks ago, Kyagulanyi who is the plaintiff against against top security officials in Mbale district who he accuses of blocking him from appearing on the Mbale based BCU radio station failed to appear in court when the matter was scheduled for hearing.

Court summoned the respondents who include Mbale Resident District Commissioner Sulaiman Ogajjo Barasa, Mbale District Police Commander Fred Ahimbisibwe and District Internal Security Officer-DISO, George Mwondah and Elgon Region Police Commander, Wesely Nganizi among others to appear.

The respondents had appeared in court ready for the hearing but Medard Lubega Ssegona, Kyagulanyi’s lawyer told court then that the applicant was not feeling well after he was beaten by police the previous day and asked for an adjournment of the matter.

The Grade Magistrate Andrew Katumbuki adjourned the matter to 24th of this month when hearing was expected to begin. However, Kyagulanyi did not appear in court today when the matter was brought up again for hearing.

His lawyer Anthony Wameli told court that his client had lost a close relative whose burial he had to attend and that he was also expected to swear an affidavit for the case in which the former leaders of NUP sued him. The matter is due for hearing tomorrow in front of Justice Musa Ssekana.

Wameli also noted that they had points of law that they wanted to raise against the affidavits sworn in by the respondents which he said were forgeries and a misrepresentation of the suit adding that some of the respondents have not instructed lawyers to represent them.

Earlier, Peter Masaba, counsel for the state raised a point of objection saying that the applicant Kyagulanyi was deliberately snubbing court.

He said that the previous time the counsel to the applicant had indicated to court that his client was not feeling well but the next day he was seen celebrating his birthday party and that he was not sure whether Kyagulanyi would appear in the high court tomorrow.

Masaba also noted that he had points of law that he had to make before court proceeds.

Court set 26th October when the case will come up again. The Magistrate Andrew Katumbuki said that court will first dispose off preliminary objections raised by the counsel for the applicant.

Earlier before court started, there was tight security at the premises as the National Unity Platform-NUP President Robert Kyagulanyi Ssentamu was expected to attend court this morning. Heavily armed Anti-riot police officers and patrol vehicles were deployed in the middle of Mbale town roads heading to the court. The officers were seen screening the people in vehicles and on foot before allowing them to continue with their journey.

The officers tasked those seeking to access the court premises to identify themselves before being allowed in. Those who had turned up to follow up their matters in the court were asked to wait from the regional block and that they would return later after the Kyagulanyi case.

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