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Archive for the tag “Court Order”

Court Order saying: “Magistrates Court in Rukungiri declares the 6 days detention as illegal and unconstitutional” (11.05.2016)

11st May 2016 Rukungiri

“Magistrates Court in Rukungiri declares the 6days detention as illegal and unconstitutional , issues another oder directing police of Rukungiri to immediately and unconditionaly release the Fdc youth leader mr Dickson Nampumuza” (Moses Byamugyisha, 12.05.2016).

Afterthought: 

I know the law and it is clear, but in the recent days the National Resistance Movement have not had any interest in keeping the society lawful or justice; when it comes to their citizens as the one-man are the key figure in the Nation and nobody else voice doesn’t matter. The almighty man who will be sworn-in at Kololo is more Important than these fellow citizens who are detained unlawful and is not getting their justice! Peace.

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Elton Joseph Mabirizi Statement on the Banning of FDC’s planned peaceful protests (02.05.2016)

Mabirizi Debate16

Friends,

Last Friday ‘Justice’ Steven Kavuma issued a so called interim order banning FDC’s planned peaceful protests, the Tuesday prayer and other such activities.

Most of us have focused on banning prayer. However, in its true form, this order is just one step towards banning FDC, and eventually all opposition parties and organised political groups in Uganda. This is why we should firmly resist this unlawful order.

It is likely that Col. Besigye will be put under house arrest again. If this happens, we appeal to the FDC President, Gen Mugisha Muntu and the party leadership to step in boldly to provide direction.

We also believe that FDC, being the party that won the presidential election, should FORMALLY seek the active cooperation of other like minded political parties, organised pressure groups and prominent individuals in society. This will give the struggle a more national and inclusive character. We hope that this will result into the formation of a solid “Alliance for Change”.

Elton Joseph Mabirizi 17.11.15

For us at The Independent Coalition, TIC, which fronted me as Presidential candidate, we unconditionally support the planned peaceful protests commencing on May 5th, 2016.

We shall make our humble contribution to this effort, which we anticipate to be long and tough. May 5, to us at TIC, is just the first day of the journey to the restoration of true democracy, rule of law and the dignity of our people.

For God and my Country.

Letter to KCCA Executive Director Musisi: ED/KCCA/007/01 – “Legal Status of the Lord Mayor Kampala Capital City” (13.04.2016)

Lord Mayor Kampala 13.04. P1Lord Mayor Kampala 13.04. P2jpg

Besigye reacts to Police Withdrawal from His Home (Youtube-Clip)

Former FDC presidential candidate Dr. Kizza Besigye has reacted to Gen Kale Kayihura’s decision to remove the police from his home saying he is not excited at all with police decision. The FDC leader insists police was at his home illegally and that he finds no reason to celebrate their withdrawal. NBS Richard Olwenyi was with Kiiza Besigye at his Kasangati home at the time the police chief Kale Kaihura made the pronouncement. The news of his freedom reached him at around midday when he was meeting a delegation of interparty youth league who had paid him a visit to express their sympathy with the four times presidential candidate who has been under house arrest for 40 days. In the middle of the meeting, besigye’s cell phone rang, he picked and was informed about the directive to have him freed but he showed not excitement and instead quarreled. Many would think this was good news but the suggestion from his face, depicted he received news that spoiled his day. The continued detention of Besigye according to government was the fear the FDC leader was plotting to mobilize his supporters to engage in violent protest just after the just concluded elections to over throw the government of Yoweri Kaguta Museveni. Besigye wondered why the police chief Kaiyhura now says he has withdrawn forces from his residence yet he has been denying he was under house arrest” (NBS TV Uganda, 2016).

High Court of Uganda on the 5. January 2016 in the matter of Christopher Aine (Court Documents)

Court Order Christopher Aine P1 050116Court Order Christopher Aine P2 050116

Sorrow in Kampala; Trifling police and detaining Lord Mayor Erias Lukwago

Kampala 16.11.15 UPF 3

Today was the day that Kampala Capital City Authority (KCCA) Act was to be added an to amendment so that the elections of Lord Mayor would happen inside a council instead of polling during general election in 2016. There been more push to let this happen, not everybody agrees with does actions. Therefore we can see that and today the reactions from the NRM-Regime have been off violence. Uganda Police Force has come and first set up roadblocks early this morning in around his area.

Yet reports hours earlier Erias Lukwago says: “he is yet to receive official Electoral Commission on determent of mayoral nominations” and “he vows to proceed”.

This was the beginning of the tale that unfolded today. The loyalist of Dr. Kizza Besigye the opposition candidate Erias Lukwago was first taken by a group of Police taken away into custody. He has been detained without court orders by unknown men. This has been seen by other media who has been close to the house today. A Delta journalist Enock Kugonza has been shot and by the brutal police after the manhandling of Lord Mayor Lukwago. Erias Lukwago was supposed to go Electoral Commission of Uganda to be nominated. The Journalist Kugonza was after the shooting was rushed to Mulago Hospital. Two persons are said to killed by the same shootings.

It wasn’t only the journalist from Delta who got shot, there were two more men and surely more innocent people; who have been hurt during the raid that the police had during the arrest of Erias Lukwago; who is still in custody or detained at an unknown location as we speak. One of the people who also got hurt by the Police today is Councilor Mariam Kizito.

After all of this they all of sudden goes back on their ways and turn to the nominations. The Electoral Commission has later in the day said through Hon. Frank Tumwebaze, that the nominations dates is for Lord Mayor of Kampala is set to be between 16th to 18th November 2015.

Electoral Commisson 16.11.15

There been floating pictures of a person lying lifeless on the ground after being shot. This proves the powers of the Police and also how they justify the use of will to bring down anybody in their way. This must be orders from the higher ends because Erias Lukwago has been issues for the NRM-Regime.

Kampala 16.11.15 UPF 2

The NRM-Regime fears Erias Lukwago because of his popularity. That popularity comes because the NRM candidates are greedy guts and they seem tired of it. Just look at the reasoning from Frank Tumwebaze the Ministry of Presidency and Kampala Capital City Authority who wrote this in a statement today:

“It is therefore dishonest on the part of my colleagues in the Opposition to state that this was an after-thought following Erias Lukwago’s decision to stand for the Lord Mayor position in Kampala. That is false. Whether Lukwago stands or doesn’t, streamlining the governance framework of Kampala capital city remains our noble duty” (…)”The rationale behind the proposal of changing the mode of election of the lord mayor and all other division mayors, is for purposes of ensuring that the mayor and the deputy remain accountable to the Council that they chair, just like in the case of Speaker and Deputy Speaker of Parliament who are elected by Members of Parliament. Besides, the law already vests the same Councils with authority to remove a Lord Mayor or Division Mayor. These Councilors are products of an electoral process conducted from the grassroots. Ugandans do not convene at Parliament to elect a Speaker or Deputy Speaker. Their representatives in form of Members of Parliament elect the Speaker and Deputy Speaker” (…)”The amendments therefore, cannot be targeting a man called Erias Lukwago. The law was never made for Him. Erias Lukwago just like any other person is entitled to aspire to become a Lord Mayor. However, what any person aspiring to be lord mayor needs to be reminded about is that he/she is not the primary administrator of the Capital City. The Central Government does so as per the constitution.The Lord Mayor and the council administer it on delegation by the central government. Central Government policy therefore takes precedence. That is why the minister responsible for the capital city is given veto powers under section 79. This is what Erias Lukwago has never appreciated, but its the bitter truth” (Tumwebaze, 16.11.2015 – Press Statement).

When this is happening and Hon. Frank Tumwebaze is trying to explain and use rhetoric to sound wise for the reasoning to take away the rights for people to choose their leader and their mayor, because by his reasoning the council will make a better decision then the actual people. That is because they choose Erias Lukwago and not the man picked by the NRM. Hon. Frank speaks well about laws and constituted rights, while addressing his own position with diligence. While saying the Lord Mayor is not made for Erias Lukwago, that might be true, but your ministry isn’t made up just for yourself or it is Honorable Frank Tumwebaze? You who runs over KCCA as the Minister of Kampala and already edged Erias Lukwago out with giving more powers to Jennifer Musisi who in basis runs the KCCA and does more administrative duties since the Lord Mayor has lost his position.

Jennifer Musisi said this in January:

The Journalist asked: “You were accused of kicking out the Lord Mayor, Erias Lukwago from office”; she answered: “Lukwago was a problem to us. We spent a lot of money and time undoing his wrongs. He took us to court when we tried to re-build the Wandegeya Market and the New Park. There has been a lot of development in KCCA during the last two years of his absence from office. We are now focused on the things we are supposed to do” (Etukuri & Waiswa, 2015).

When we see that the Lord Mayor elected in 2011 has been absent and Jennifer Musisi gets her will. IGP Kale Kayihura has never liked the brother so his goons and violent police has today battled yet innocent people and shot, even killed bystanders in the siege of Lukwago’s home. The Police men proves that their not to protect and serve. It is not the police who is catching the bad guys, it’s the police who is acting as the bad guys. The people has to scatter when the police arrives, because they will only create violence and be arrested, detain people without court order and paperwork. Preventive Arrest that is being used like it’s the sweetest dream of the NRM-Regime to harass their opposition members in the country. As we have again seen manifest today.

Kampala 16.11.15 UPF

But where are the Police hiding Lord Mayor Erias Lukwago, even if hasn’t had the seat for over 48 months, he was still elected to it by last election in 2011. So if that was a valid election leading to the 9th Parliament, he should be sitting and have the chair until 18th of February. I am sure Jennifer Musisi would continue to work without his involvement and also Frank Tumwebaze who seem like the arch-crony of the NRM-Regime. It’s like his loyalty is deeper then kin. So that the violence and harassment happening on his watch is not being discussed or addressed, but the way that the opposition is voicing their matters are being said by him to be distasteful. What is really distasteful Hon. Frank Tumwebaze is the simplistic and violent arrest of Erias Lukwago and your measly way of just about 3 months before the General elections; you want to change and amend the law. So that you’re sure that you get the right candidate to be your puppet, Frankie isn’t that right?

Your fear for the people is proven with the violence and killings. The way the Police has to siege and drag the elected Lord Mayor Lukwago from his own home without any court orders and detain at an unknown location. Last time he was taken to custody by the Police was 31st of October. So he hasn’t had many days in freedom. This proves the fear that the NRM and the Government has for this man. That is why they have wished to switch and amend laws so they can pick whom they like, instead of having faith in the people. Even if they choose to rig those elections, still they can’t be able to rig it all, therefore Kampala slipped through their finger and he won on the last go around. Erias Lukwago seems to be one of the guys that the NRM-Regime fear, not because of the powers he has, but the legitimacy that he has, and the one NRM certain lacks. They run the government and has overtaken the Kampala administration and crushed the elected political system of the city, to empower a ministry of Kampala and it’s Kampala Capitol City Authority, instead of building transparent and accountable City Hall. That is what people like the elected Erias Lukwago works for, and that in starch contrast with the realities on the ground and in the city, as the Parliament proves with every new move they have.

I just wonder, have the Police read “the still in force of colonial law” called Criminal Procedure Code Act of 1950 and section:  “17. Detention of persons arrested without warrant:  When any person has been taken into custody without a warrant for an offence other than murder, treason or rape, the officer in charge of the police station to which the person is brought may in any case and shall, if it does not appear practicable to bring the person before an appropriate magistrate’s court within twenty-four hours after he or she was so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his or her executing a bond, with or without sureties, for a reasonable amount to appear before a magistrate’s court at a time and place to be named in the bond; but where any person is retained in custody, he or she shall be brought before a magistrate’s court as soon as practicable”. This law is still in effect so how can you break it so often Mr. Kayihura?  

Now the police and IGP Kale Kayihura men show the violence in action. The world sees it and should question it. They are blasting a gay-law, but not saying anything about the violent Police and it’s shooting on innocent people and bystanders. Uganda Police Force is for the NRM-Regime and not the citizens. They does not create order, they create disorder. They do not protect their people, they protect the regime. They do not serve the people, they serve the regime. That is why Preventative Arrest is such a usual move by these men and without court orders. Yet again, I hope to hear reports that the elected Lord Mayor will come to surface again soon and be back in shape for new nomination date that the Electoral Commission. Stay strong Lord Mayor, we support you and your cause. Continue to work as you do. One day there might be justice in Kampotholo. Peace.

FDC Police 16.11.15

Reference:

Etukuri, Charles & Waiswa, Juilet – ‘Kampala is better now without Lukwago’ (27.01.2015) link: http://www.newvision.co.ug/news/670298–kampala-is-better-now-without-lukwago.html

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