Tumukunde bail conditions illogical – Lawyers

Kampala, Uganda | THE INDEPENDENT | Lawyers have described as illogical and unprecedented, a condition that Lt Gen Henry Tumukunde should get serving military officers above his rank to stand surety for him when he returns to court for his bail application.

The condition was set by High Court Judge Wilson Kwesiga, after declining the initial bail application by the retired army officer who is currently in prison on charges of treason and illegal possession of firearms.

Tumukunde had presented his wife Stella Tumukunde, brother Hannington Karuhanga, retired Maj General Mugisha Muntu and Forum for Democratic Change Vice President for Eastern Region, Proscovia Salaam Musumba as his sureties. However, these were rejected and Tumukunde was sent back to prison until the coronavirus lockdown is lifted.

Being a Lieutenant General, the second-highest rank in the UPDF, the condition leaves Tumukunde with a limited pool of persons to stand surety for him. Currently, there are seven serving offers above his rank in the UPDF. These include Gen Jeje Odong, Gen Elly Tumwine, Gen Katumba Wamala, Gen Kale Kayihura, Gen David Muhoozi, Gen Ivan Koreta and Gen Joram Mugume. There are 15 officers on the same rank with him.

But lawyers have argued that as a retired officer, Tumukunde cannot be denied bail on the basis of not having serving officers above his rank as sureties. Many of them make reference to cases involving retired Col Dr Kiiza Besigye and Gen David Sejusa who have had civilians stand surety for him.

Lawyer Friday Roberts Kagoro argues that directing Tumukunde to bring serving officers as sureties was uncalled for. Kagoro says that all Tumukunde should require are adults of sound mind who are able to compel him to return to court.

In 2005, when Dr Besigye was first arrested and later charged with rape and treason, then High court judge James Ogoola granted him bail without requiring him to have a serving officer at or above his rank.  Instead, MPs John Ken Lukyamuzi, Dr Francis Epetait, Capt. Charles Byaruhanga, Odongo Otto and Muhammad Kibirige Mayanja, then the president of Justice Forum party stood surety for him.

After 2005, Besigye was charged a number of times on serious crimes including treason, the latest being in 2016 when he was accused of declaring himself president after the general election held that year. He was never asked to present officers above his rank.

Similarly, Gen David Sejusa who in 2016 was arrested and charged for insubordination, being absent without official leave and engaging in partisan politics was granted bail by the High Court without presenting serving members of the UPDF at his rank as sureties. Although Sejusa is still a serving member of the UPDF, High Court Judge Wilson Musene granted him bail with two civilians; Erias Lukwago, and a one Deo Kizito as his sureties.

Another lawyer Geoffrey Turyamusiima argues that the law doesn’t specify who you should bring as a surety as long as that person is above 18 years of age and a responsible citizen capable of reminding the applicant to fulfill his/her obligations whenever required by the court. To him, unless for politics, all Tumukunde’s sureties were substantial enough.

Gen. Gregory Mugisha Muntu, a former army commander and President of the Alliance for National Transformation described Justice Kwesiga’s decision as irregular and called upon lawyers to challenge it. Muntu says that there is no reason why Tumukunde would be asked to present military officers yet he is currently considered to be a civilian having retired from the army in 2015.

Another city lawyer who preferred to be quoted anonymously citing the sensitivity of the matter said that if it was important for Tumukunde to bring sureties who are still in the army, the state should have subjected him to military law and charged him in the Court Martial.

Human rights activist Rogers Ishimwe also believes that the decision to advise Tumukunde to bring serving officers as sureties was political.

The prosecution alleges that Tumukunde, a former security Minister made statements calling for the unlawful change of government in Uganda. Tumukunde reportedly said that “If I was a neighbouring country, I would wish to support people who want to cause a change in Uganda,” a statement which the state says was aimed at instigating Rwanda to invade Uganda.

The state also alleges that on March 13 at Impala Avenue in Kampala, Tumukunde was in illegal possession of an AK 47 rifle registration number 19865 and another star pistol registration number EL 860030 without a valid firearm license.

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