Annual Report

Total Page:16

File Type:pdf, Size:1020Kb

Annual Report THE REPUBLIC OF UGANDA UGANDA LAW REFORM COMMISSION ANNUAL REPORT 2011 Uganda Law Reform Commission Workers House, 8th Floor Plot 1, Pilkington Road, Kampala P.O Box 12149, Kampala, Uganda Telephone: 256 - 414 - 342600 / 341138Fax: 256 - 414 - 254869 Email- [email protected] ; [email protected] Law reform for good governance and sustainable development THE REPUBLIC OF UGANDA UGANDA LAW REFORM COMMISSION TELEPHONE: 256 414 346200 /341138 FAX: 256-414-254869 WORKERS HOUSE, E-MAIL: [email protected] FLOOR 8, WEBSITE: www. ulrc.go.ug PLOT1, PILKINGTON RD, P.O. BOX 12149 Our Ref: …………………………………… KAMPALA-UGANDA Your Ref: …………………………………. ADM/92/150/01 Our Ref: ADM/83/137/01 Your Ref: …………………………. 30th June 2012 The Rt. Hon. Speaker, Speaker’s Chambers, Parliament House, Kampala. RE: SUBMISSION OF THE ANNUAL REPORT OF THE UGANDA LAW REFORM COMMISSION, 2011, TO THE PARLIAMENT OF UGANDA In pursuance of the provisions of Article 248(2) of the Constitution, I have the pleasure and honour to submit through you, to the Parliament of Uganda, the Annual Report of the Uganda Law Reform Commission for the year 2011. Yours faithfully, Professor Agasha Mugasha Chairman, Uganda Law Reform Commission ii Law reform for good governance and sustainable development TABLE OF CONTENTS AcronYMS...............................................................................................................................................................................VI MESSAGE FROM THE CHAIRMAN................................................................................................................................VII COMMISSIONERS................................................................................................................................................................VIII THE COMMISSION’S MANAGEMENT TEAM...............................................................................................................IX ACKNOWLEDGEMENTS.......................................................................................................................................................X PROFILE OF THE COMMISSION.......................................................................................................................................XI Powers OF THE Commission.....................................................................................................................................XII STRUCTURE AND STAFFING OF THE COMMISSION...........................................................................................XIII CURRENT Staffing.........................................................................................................................................................XIII HIGHLIGHTS OF THE YEAR 2011................................................................................................................................XIV LAW REVISION DEPARTMENT 1.0 Introduction....................................................................................................................................................1 1.1 Structure............................................................................................................................................................1 1.2 ACTIVITIES OF THE law REVISION department.............................................................................1 CHAPTER ONE 1.3 ACHIEVEMENTS OF THE Law REVISION department .................................................................2 1.3.1 MAJOR REVision OF THE Laws OF Uganda: Preparation OF THE SEVENTH REVISED EDITION................................................................................................................................................2 1.3.2 Compendium OF LAND Laws......................................................................................................................5 1.3.2.1 Compendium OF TAX Laws..........................................................................................................................5 1.3.3 Translation OF SELECTED laws............................................................................................................5 1.3.3.1 Translation OF THE Constitution into Luganda..................................................................5 1.3.3.2 Translation OF THE LOCAL COUNCIL Courts ACT into ATESO AND NgakarimoJong................................................................................................................................................5 1.3.4.1 Simplification OF THE LOCAL GOVERNMENTS ACT, CAP.243....................................................6 1.3.5 Publications......................................................................................................................................................6 ..........................................................................................................6 1.3.5.2 REPRINT OF THE LOCAL GOVERNMENTS ACT, CAP. 243.................................................................6 1.3.5.1 Constitution (RepRint of 2010) 1.3.5.3 INDEX OF THE laws OF Uganda...............................................................................................................6 1.3.6 Distribution OF publications..............................................................................................................6 1.3.7.1 MAJOR REVISION EXercise............................................................................................................................6 1.3.7.2 Simplification OF REVISED laws...........................................................................................................7 1.3.7.3 Translation OF REVISED laws...............................................................................................................7 1.3.7.4 Publications......................................................................................................................................................7 1.3.7.5 Distribution OF COMMISSION publications.................................................................................7 iii Law reform for good governance and sustainable development CHAPTER TWO LAW REFORM DEPARTMENT...........................................................................................................................8 2.0 Introduction....................................................................................................................................................8 2.1 Structure............................................................................................................................................................8 2.2 ACTIVITIES OF THE Law Reform department................................................................................8 2.3 ACHIEVEMENTS OF THE Law Reform Department ....................................................................9 2.3.1 Commercial Law ProJECTS.......................................................................................................................9 ....................................................................................................................................................................9 2.3.1.2 Consultations ON THE Companies BILL............................................................................................9 2.3.1.1 e - Laws 2.3.1.3 Update OF THE CIVIL Procedure REGIME......................................................................................11 2.3.1.4 Financial Leasing .......................................................................................................................................11 2.3.2 Criminal Law ProJECTS.............................................................................................................................12 2.3.2.1 SENTENCING GUIDELINES............................................................................................................................12 2.3.2.2 Reform OF THE Law ON Criminal TRIAL Procedures .........................................................14 2.3.2.3 Legislation ON WITNESS Protection ............................................................................................14 2.3.3 SOCIAL Law ProJECTS..................................................................................................................................14 2.3.3.1 Translation OF THE Domestic VIOLENCE ACT............................................................................14 2.3.4.2 HIV AND AIDS PREVENTION AND Control BILL ADVocacY ....................................................15 2.3.3.3 Reform OF THE Laws OF Succession ..............................................................................................16 2.3.4 Bills initiated BY THE COMMISSION, that WERE enacted into law........................16 2.3.4.2 Bills approVED BY CABINET AND tabled IN PARLIAMENT....................................................17 2.3.4.3 Bills to BE SUBMITTED to CABINET....................................................................................................18 2.3.5 Publications BY THE Department...................................................................................................18 2.4 ProVISION OF technical assistance AND ADVice to GOVERNMENT departments...........19 ...................................................................................................................................19 2.4.1.1 Reform OF THE Uganda Law Reform COMMISSION ACT AND Regulations ...........19
Recommended publications
  • Uganda 2015 Human Rights Report
    UGANDA 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Uganda is a constitutional republic led since 1986 by President Yoweri Museveni of the ruling National Resistance Movement (NRM) party. Voters re-elected Museveni to a fourth five-year term and returned an NRM majority to the unicameral Parliament in 2011. While the election marked an improvement over previous elections, it was marred by irregularities. Civilian authorities generally maintained effective control over the security forces. The three most serious human rights problems in the country included: lack of respect for the integrity of the person (unlawful killings, torture, and other abuse of suspects and detainees); restrictions on civil liberties (freedoms of assembly, expression, the media, and association); and violence and discrimination against marginalized groups, such as women (sexual and gender-based violence), children (sexual abuse and ritual killing), persons with disabilities, and the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Other human rights problems included harsh prison conditions, arbitrary and politically motivated arrest and detention, lengthy pretrial detention, restrictions on the right to a fair trial, official corruption, societal or mob violence, trafficking in persons, and child labor. Although the government occasionally took steps to punish officials who committed abuses, whether in the security services or elsewhere, impunity was a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were several reports the government or its agents committed arbitrary or unlawful killings. On September 8, media reported security forces in Apaa Parish in the north shot and killed five persons during a land dispute over the government’s border demarcation.
    [Show full text]
  • 4Th Annual Joan Kagezi Memorial Lecture Report
    European Union 4TH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT Courts not Guns: Combating Terrorism KAMPALA, UGANDA | 17 APRIL 2019 ORGANISED BY THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS IN PARTNERSHIP WITH THE WAYAMO FOUNDATION. 2 THE UGANDAN OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS & THE WAYAMO FOUNDATION TABLE OF CONTENTS Opening remarks Mike Chibita, Ugandan Director of Public Prosecutions Bettina Ambach, Director, Wayamo Foundation, Berlin page 3 Keynote Speech: Courts not Guns: Combating terrorism through the law Nicolas Guillou, Judge at the Kosovo Specialist Chambers and Chef de Cabinet to the President of the Special Tribunal for Lebanon page 6 Testimony by a survivor of the 2010 terror attack in Kampala Tagoya Bernard, Police Officer page 9 Panel discussion: Investigation and prosecution of terrorism cases using domestic and international law with a focus on victim participation Moderated by: Charles Elem Ogwal, Deputy Director of Public Prosecutions Philipp Ambach, Chief of the Victims Participation and Reparations Section in the Registry of the International Criminal Court (ICC) Justice Susan Okalany, Ugandan High Court Judge John Ndungutse, Assistant Inspector General of Police page 10 Remarks from the Chief Guest Hon. Major General Kahinda Otafiire, Minister of Justice and Constitutional Affairs page 14 Disclaimer: This publication was produced with the financial support of the European Union. Its contents do not necessarily reflect the views of the European Union. FOURTH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT | 2019 3 OPENING REMARKS MIKE CHIBITA Ugandan Director of Public Prosecutions Following the singing of the Ugandan national anthem and the rule of law instead of resorting to guns as a and a prayer ceremony, the 4th Annual Joan Kagezi means to achieve conflict resolution and justice.
    [Show full text]
  • Strategic Investment Plan IV
    THE REPUBLIC OF UGANDA OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Vote 133 Strategic Investment Plan IV FY 2019/2020 Performance Report September 2020 Contents Acronyms ................................................................................................................................................ 3 1. INTRODUCTION .............................................................................................................................. 6 2. ASSESSMENT FINDINGS ................................................................................................................ 7 2.1 Summary of achievements realised at outcome level ........................................................ 8 2.2 Detailed findings ........................................................................................................................ 9 OUTCOME 1: CRIMINAL PROSECUTION SERVICES EFFECTIVELY MANAGED .............. 10 OUTCOME 2: OBSERVANCE OF PROSECUTION MEASURES/STANDARDS PROMOTED ................................................................................................................................................................ 82 OUTCOME 3: ENHANCED ACCESS TO PROSECUTION SERVICES ...................................... 94 OUTCOME 4: INTERNATIONAL CRIMES EFFECTIVELY MANAGED AND COLLABORATIONS WITH INTER-STATE AGENCIES ENHANCED ................................... 175 HIV/AIDS: ...................................................................................................................................... 220 ENVIRONMENT:
    [Show full text]
  • 165 Chapter Six International Crimes Division of the High
    CHAPTER SIX INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: CHALLENGES AND OPPORTUNITIES 6.1 Introduction Domestic investigations and prosecutions, where they are properly undertaken, are said to be the most effective process in ensuring accountability for international crimes. This is because states usually have the best access to evidence and witnesses and have their own enforcement mechanisms.1 Domestic prosecutions are also said to foster a greater sense of local ownership, which may in turn enhance local impact of trials and any potential deterrent effect. This best explains why under the ICC complementarity regime, domestic jurisdiction retain the primary responsibility to prosecute cases if they are ‘able’ and ‘willing’ to carry out investigations and prosecutions.2 To satisfy the ICC complementarity regime and to fulfil government’s commitment under the Agreement on Accountability and Reconciliation, the government of Uganda through a Legal Notice created a new Division of the High Court – the ICD to adjudicate international crimes.3 The creation of the ICD was in accordance to the Constitution of Uganda4 that provides that courts of judicature consisting of the Supreme Court, Court of Appeal, High Court and subordinate courts shall exercise judicial powers in Uganda as Parliament may establish by 5 law. The High Court of Uganda has original and unlimited jurisdiction in all matters and the 6 law may confer on it, appellate and other jurisdiction, thus, a division to specifically handle 1 Office of the Prosecutor ‘Paper on some Policy Issues before the Office of the Prosecutor’ ICC-OTP 2003 part 1 para 4 http://amicc.org/docs/OcampoPolicyPaper9_03.pdf (accessed 9 January 2012).
    [Show full text]
  • City Bombings Trial Resumes
    NATIONAL NEWS NEW VISION, Monday, June 8, 2015 3 City bombings trial resumes Museveni (right), By Andante Okanya Kenyatta, Kagame and The trial of the 13 men accused of other officials having a link with the July 11, 2010 after the Kampala twin bombings, is scheduled summit in to resume today at the High Court’s Kampala on criminal division in Kampala. Saturday. It resumes after a two-month break, The states following the assassination of the also signed a lead prosecutor, Joan Kagezi, who Memorandum was gunned down on March 30, of by unknown assailants in Kiwatule, Understanding Kampala. She was on her way home. on cyber The accused are Hussein Agad, security Idris Magondu, Isa Luyima, Hassan and a policy Luyima, Abubakari Batematyo and on fighting Yahya Suleiman Mbuthia. terrorism. Others are Habib Njoroge, Photos by Abu Omar Awadh Omar, Mohammad Mwesigwa Hamid Sulaiman, Seleman Hijar Nyamandondo, Mohammad Ali Mohammad, Ismael Kalule and Muzafar Luyima. The Directorate of Public Prosecution’s new-look team of five prosecutions comprises Suzan Okalany, Lino Anguzu, Thomas Jatiko, Regional heads start Rachael Bikhole and John Bosco Asiimwe. A total of 76 people monitoring projects perished in the two THE LEADERS LAUNCHED A WEB PORTAL separate attacks By David Mugabe and presidents Paul Kagame (Rwanda), on July 11, 2010 in Taddeo Bwambale Uhuru Kenyatta (Kenya), ministers and delegates from South Sudan, Northern Corridor member states; Tanzania, Burundi, Ethiopia and the Kampala. Uganda, Kenya and Rwanda, have Democratic Republic of Congo. agreed to form an authority to Museveni, Kagame and Kenyatta expedite the implementation of held closed-door talks and later The defence lawyers are Caleb infrastructure projects in the East briefed delegates on the progress Alaka, Onyango Owor, Yunus African region.
    [Show full text]
  • Judicial Officers Should Retire with Benefits- Museveni
    DIC JU IA E R H Y T U GAN DA Magazine Issue 03 | April - October, 2015 INSIDE: Judicial officers should retire with benefits- Museveni Meet the newly Hotlines to boost fight elevated Justices against corruption Judges pose with President Yoweri Museveni after a meeting at State House, Entebbe on September 2. NEW JUDICIARY COMMITTEES Judiciary Editorial Board What you need to know Dear colleagues and friends of the Judiciary, on June 11, 2015, the Hon. Chief Justice, Mr Bart Katureebe, inaugurated the Judiciary Editorial Board Committee. s chairperson thereof, I take this Our duties are to regularly plan, poor internal communication, a opportunity to introduce my review and approve the content of negative public mindset towards the Ateam which includes Mr. Gad- official positions of the Judiciary which Judiciary and many others. However, it enya Paul Wolimbwa (Chief Registrar), are intended for the public; enhance is our hope that with your concerted Mrs. Dorcas Okalany (Secretary to and sustain information sharing and effort, we can achieve what we have set the Judiciary), Mr. Eliasa Omar Kisawuzi communication within and outside the out to do. We keep our communication (Registrar/PRO), Ms. Jessica Chemeri Judiciary with the view to improving lines open for ideas and means on how (Senior Law Reporting Officer) and Mr. public trust and confidence in the to take our Judiciary to greater heights Solomon Muyita (Senior Communica- Judiciary; create general awareness and call on all of you not to take the tions Officer). about the courts in Uganda; oversee back seat. the branding of the Judiciary to improve DIC JU IA E R H Y T U Our mandate includes the enhancement its image and the production of The Together we can! GAN DA of effective administration of justice Judiciary Insider magazine and other by judicial officers and streamlining publications from time to time.
    [Show full text]
  • Forum for International Criminal Justice Newsletter: April 2015
    Forum for International Criminal Justice Newsletter: April 2015 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) April 2015 Newsletter which focuses on the prosecution of war crimes, crimes against humanity and genocide, including a roundup of video highlights, publications,events and the major news developments from the past month. Please note that the items included in this publication do not automatically carry any endorsement from the IAP. Domestic legal news covered in this Newsletter includes: Poland court clears soldiers of Afghanistan war crimes; Bosnia's war crimes court marks 10th anniversary with more than 450 prosecutions; US- Trained Iraqi Forces Investigated for war crimes; Sri Lanka president Sirisena pledges war crimes inquiry; and German prosecutors are investigating members of the Syrian government for crimes against humanity. *Please have a look at the FICJ forum page on the IAP website and feel free to contribute: the Forum provides individual prosecutors with a password protected space to post news, announcements, etc. and to pose questions to fellow prosecutors from around the world. Your contributions will also be posted in this monthly newsletter. Passwords are provided to IAP members – if you do not have a password, check your membership status by contacting the IAP Office Manager, Evie Sardeman: [email protected]. Danya Chaikel – FICJ Coordinator | email: [email protected] Video Highlights Click here to watch the International Click here to watch an Aol video clip on Criminal Court’s (ICC) welcoming Join the FICJ community: WWW.IAPSerbian-ASSOCIATION.ORG/FICJ Prosecutors’ first arrests/HOME of suspects ceremony to the State of Palestine which of the Srebrenica massacre, “a milestone in1 became the 123rd State Party to the Followhealing us the on woundstwitter: of @iaprosecutors Europe's worst Rome Statute, the ICC’s founding treaty.
    [Show full text]
  • Transformation of the Judiciary Priorities
    ANNUAL18th JUDGES CONFERENCE PROGRAMME Page 28 DIC JU IA E R H Y T U GAN DA Magazine Issue 04 | October - December, 2015 Transformation of the Judiciary priorities Events that Judiciary to get new Small Claims procedure led to defined 2015 Corporate Brand Identity decrease in civil case load Chief Registrar, Gadenya Paul Wolimbwa with Uganda Law Society President, Principal Judge Hon. Yorokamu Bamwine addressing the press at the Gulu Ms Ruth Sebatindira, at a recent Judiciary event in Kampala. High Court after launching the Plea Bargaining Initiative. A visiting team from Pepperdine University poses with the Principal Judge, Some of the judges who attended a validation workshop on proecedural Yorokamu Bamwine and other judicial officers in Kampala. laws on August 31, 2015. Vincent Mugabo, outgoing President of Uganda Judicial Court clerks and administrators pose at the High Court building Officers Association (UJOA), receives a plaque from the after a capacity building training on November 2, 2015. Chief Justice Bart M. Katureebe on November 2, 2015. Justice Bamwine hands a plaque Justice Paul Mugamba in recognition of his The Chief Justice (C) with some of the UJOA members at their AGM in services to Anti-Corruption Court. In the background is his successor, Justice Kampala on November 2, 2015. Lawrence Gidudu. Chief Justice Bart M. Katureebe during a meeting with the Justice Henry Adonyo Senior Judicary/JLOS members cut a cake during DANIDA-UGOGO (L), the Coordinator of the National Court Case census, and Mr Andrew Khauka, End-of-Year party at the Registry of Planing and Development in Kampala.
    [Show full text]
  • Human Rights Law of Internal Armed Conflict: the European Court of Human Rights in Chechnya’ (2005) 16(4) European Journal of International Law 741 – 767
    BIBLIOGRAPHY Books and academic articles Abresch, WA ‘Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya’ (2005) 16(4) European Journal of International Law 741 – 767 Afako, B ‘Reconciliation and Justice: Mato Oput and the Amnesty Act’ in Lucima, O (ed) Protracted Conflict, Elusive Peace: Initiatives to End Violence in Northern Uganda (2002) Accord: London Aldrich, G ‘The Laws of War on Land’ (2000) 94 American Journal of International Law 42 – 59 Allen T, ‘Ritual Ab(use)? Problems with Traditional Justice in Northern Uganda’ in Waddell, N & Clark P (ed) (2008) Courting Conflict? Justice, Peace and the ICC in Africa The Royal African Society Allen, T ‘War and Justice in Northern Uganda: An Assessment of the International Criminal Court Intervention’ (2005) Crisis Research Centre 1 – 100 Allen, T Trial justice: The International Criminal Court and the Lord’s Resistance Army (2006) London/New York: Zed Books Amnesty Commission (Sep 2006) An Act of Forgiveness: A guide to the Amnesty Act, 2000; The Amnesty (Amendment) Act, 2002; The Amnesty (Amendment Act) Act, 2006 Kampala: Amnesty Commission Anderson, RE; Sewankambo, F & Vandergrift, K (2004) Pawns of Politics: Children, Conflict and Peace in Northern Uganda World Vision Apuuli, KP ‘Amnesty and International Law: The Case of the Lord’s Resistance Army Insurgents in Northern Uganda (2005) 5 African Journal of Conflict Resolution 33 – 61 Arsanjani, MH & Reisman, WM ‘The Law in Action of the International Criminal Court’ (2005) 99(2) American Journal
    [Show full text]
  • The Political Economy of Violence in Uganda's Masaka
    Quest Journals Journal of Research in Humanities and Social Science Volume 6 ~ Issue 11 (2018) pp.: 01-18 ISSN(Online) : 2321-9467 www.questjournals.org Research Paper Insecurty In Maska District –Publication Astate Of Insecurity(delete): The Political Economy Of Violence In Uganda’s Masaka District Nabukeera Madinah (Phd) Senior Lecturer Islamic University in Uganda Females’ CampusFaculty of Management Studies Department of Public Administration ABSTRACT:This article examines the problem of insecurity in Uganda in areas of Masaka district in the western part of the country. It provides a typology of the insecurity incidents which occurred in areas of Bukomansimbi, Lwengo, Rakai, Sembabule, Kalungu, Nyendo, Lyantonde districts and Kingo sub-county and examines the steps which government and other stakeholders have taken to address the problem. Using a qualitative approach, interviews were conducted in the affected areas with LCI chairpersons, locals and area members of parliament together with library research to explain why these measures have failed to reduce the high level of crime that takes place in and around the country. The article focuses on three related issues: the political economy of the Uganda state;catalysts for insecurity and the manner in which the government and other actors have sought to manage the country's insecurity situation. Received 17 October, 2018; Accepted 03 Novenber, 2018 © The author(s) 2018. Published with open access at www.questjournals.org I. OVER VIEW Colonial Economy The mid-19th Century was a period of Scramble and Partition of Africa. Whether African societies resisted or collaborated, by 1914 the whole of African continent had been put under colonial administration with exception of Ethiopia and Liberia.
    [Show full text]
  • ADF-Linked Mercenaries Suspected in Kagezi's Death
    NATIONAL NEWS NEW VISION, Wednesday, April 1 2015 5 Terrorism ADF-linked mercenaries suspects’ suspected in Kagezi’s death trial halted By Andante Okanya By Simon Masaba The trial of the 13 terror suspects of Police is investigating the possibility the July 2010 Kampala twin bombings that Joan Kagezi, the assistant Director has been halted, following the of Public Prosecutions, could have assassination of the lead prosecutor, been shot dead by mercenaries. assistant Director of Public Kagezi was shot twice on Monday Prosecutions, Joan Kagezi. evening at about 7:45pm by armed Yesterday, the trial had been men riding on a motorcycle in scheduled to proceed at the Main Kiwatule as she returned home from High Court building in Kampala. work. Speaking at the court premises, She was just minutes away from the Judiciary spokesperson, Erias her residence. Two spent cartridges Kisawuzi, explained that under the were recovered from the crime scene. circumstances, the case could not Forensics experts were by last evening proceed. “With what has happened, running checks on them. the case can definitely not proceed. It The Inspector General of Police, will be given another date, but at the Gen. Kale Kayihura, addressing a moment, it is impossible to ascertain press briefing at the murder scene when that will be,” Kisawuzi said. yesterday, said Police was following The defence lawyers were supposed several leads that could lead to the to cross-examine the first prosecution arrest of the suspects. witness, Mahmoud Mugisha. Among other things, Kayihura said, Internal affairs minister Aronda Nyakairima, that for justice Kahinda Otafiire and security Mary Karooro Kagezi’s assistant in the case, senior the Police was also not ruling out Okurut during a discussion on the death of Kagezi at Parliament yesterday.
    [Show full text]
  • The Republic of Uganda in the High Court of Uganda at Kampala
    THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA INTERNATIONAL CRIMES DIVISION CRIMINAL SESSION CASE No. 0001 OF 2010 (Arising from Nakawa Chief Magistrate’s Court Crim. Case No. 574 of 2010) UGANDA ............................................................................................ PROSECUTOR VERSUS 1. HUSSEIN HASSAN AGADE }{ 2. IDRIS MAGONDU }{ 3. ISSA AHMED LUYIMA }{ 4. HASSAN HARUNA LUYIMA }{ 5. ABUBAKARI BATEMETYO }{ 6. YAHYA SULEIMAN MBUTHIA }{ 7. HABIB SULEIMAN NJOROGE }{ ::::::::::::::::::::::::::::::::::::::::::::: ACCUSED 8. OMAR AWADH OMAR }{ 9. MOHAMED HAMID SULEIMAN }{ 10. SELEMANI HIJAR NYAMANDONDO }{ 11. MOHAMED ALI MOHAMED }{ 12. DR. ISMAIL KALULE }{ 13. MUZAFAR LUYIMA }{ BEFORE:- THE HON MR. JUSTICE ALFONSE CHIGAMOY OWINY – DOLLO JUDGMENT The 13 (thirteen persons) named herein above, who are herein after also referred to respectively as A1 to A13 following the chronological order of their listing herein above as accused persons, have been 1 indicted on various counts and with regard to various offences as set out herein below. The first charge, comprising three counts, jointly accused A1 to A12 of having committed the offence of terrorism c/s 7 (1) & (2) (a) of the Anti Terrorism Act 2002. The first count was with regard to the discharge of explosives at the Kyadondo Rugby Club, the second count covered the discharge of explosives at the Ethiopian Village Restaurant, and then the third count accused them of the delivery or placement of explosives at the Makindye House. The second charge, in which A1 to A12 have jointly been charged in one Count, is the offence of belonging to a terrorist organization c/s 11 (1) (a) of the Anti Terrorism Act 2002. The particulars of the charge state that between the years 2006 and 2010, A1 to A12 belonged to Al– Shabaab, which is stated to be an affiliate of Al–Qaeda listed under the A1 A12 Anti Terrorism Act 2002 as a terrorist organization.
    [Show full text]