Some days you wonder, you wonder why the authorities is doing what they are doing. When the stakeholders were in shock yesterday. The truth is by law to quell to riots and demonstrations are they lawfully allowed to quell by brutal means, as these laws was installed while still being a protectorate and no one has seemed to wanted to amend or repeal this part of the Penal Code Act, which by all means gives the Uganda Police Force. Possibilities beyond usual measures of arrests without warrants or even imposing the Public Order Management Act of 2010. This is an inherited law that the National Resistance Movement and President Yoweri Kaguta Museveni has no issues with keeping alive.
Statement UPF Statement with stakeholders:
““We have engagement rules, where we are supposed to use excessive force,” Mugenyi said. “That is why we have these. That is why I am armed and you are not. The state is allowed to kill.” “We can kill you and even compensate you,” Mugenyi went on as the stakeholders looked on in shock” (Joshua Nahamya – ‘The State Is Allowed to Kill – AIGP Mugenyi’ 10.10.2018 link: https://chimpreports.com/the-state-is-allowed-to-kill-aigp-mugenyi/).
As you see yesterday, the AIGP is sadly right, they have the rights to do so. This is shows the possible legal ramifications and the costs can easily be pushed on the private person attending the rally and resisting the law-enforcement. I wish it wasn’t like this, but they are allowed to do so, when they are quelling riots and demonstrations, as these laws was made to stop protests against the King and Commonwealth. These laws was not made to ensure civic rules or democratic values in the Republic. That is why they sound like this!
Penal Code Act of 1950 Chapter VII subsection 69:
“If upon the expiration of a reasonable time after the proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make the proclamation, or any police officer or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled or for apprehending them or any of them, and if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person” (Penal Code of 1950).
Nevertheless, the brutality and the legality should still be in question, as this should be the last resort, not the first, not the second, but the final straw. When it is boiling over and no-control, before anarchy, however, the Uganda Police Force and Uganda People’s Defence Force are using these measures to easily and haven’t exhausted the different approaches even. As the person isn’t only supposed to be on the streets, but resist arrest to a certain degree, at which point the law-enforcement is not legally liable for the harm or death. That shows the brutality of the measure, which was enacted in 1950 and lingers until this day.
The NRM have surely not tried to discuss or even given a fig about the justification or reverse this law. AS that hasn’t been in their interests, as they wanted the same possibilities to silence the opposition and their demonstrations. That is clearly been the outcome. The NRM didn’t change this, because of their will-power to control and silence opposition. If they had democratic values, they would have amended this or repealed this sub-section of the Penal Code. However, they prefer being colonial masters to their citizens, than treating them as fellow citizens, but subjects underneath their demi-god Museveni. Peace.
Its been a week where the Democratic Party MP for Mukono Betty Nambooze has been charged and arrested for offensive communications in the case of deceased politician Abiriga. So since 13th June 2018, the troubles has been heavy for the Member of Parliament, she was even taken from her home and dispatched between police stations before she was supposed to be allowed on bond. However, she has been buried in cases.
Where she with her heart condition has not gotten the needed treatment, even seen enough doctors and be to the hospital. So her condition is deteriorating. Not that it matters to the law and the authorities. They don’t care if her body and mind is failing, if the sickness are creating more weakness for the MP. Because they are building a case and showing force.
So finally, yesterday, because what she wrote after Abiriga was assassinated. She has deserved treatment and if she had violated any law. It could be postponed until her health was better. That she would be normal and not bed-ridden in uncertainty like now. This is really showing the lack of understanding and needs of the citizen.
That on top of this, they are now ceasing her phones, tablets and computers to be used in investigation as per Court Order on the 20th June, as well as prolonging the investigation by 14 more days. That means the state will use in the first part of the discovery and to investigate the matter, a total of 22 days or a little over 3 weeks. This while her heart condition is making her life worse. That is punishment in itself and harming her.
The Police have even used Court Order to storm the Kirudu Hospital where she is bedridden to get the collect the evidence, as she was for over 48 hours in Police Stations. Before she was taken to the Hospital by the lawyers and also with help from the Uganda Human Rights Commission. Clearly, this shouldn’t be this hard and the state should be ashamed of how they are charging and investigating a fellow citizen.
It is like Nambooze is the biggest terrorist and the one that is the biggest threat to the state. With the acts of the Police, you would think that she was cousin of Kony and if she was the offspring of the ADF. Because that would make sense. However, common sense is that she is pinned and a picked victim of the failing insecurity in Uganda. They are pinning her and using her statements to show the people what is justice. Instead of actually considering her words, they are detaining and ready to suffer for her comments.
The state is ready to violate human beings and misuse their powers, that is the signal of the activity and oppression that the MP is going through. This will not bring Abiriga back and she is not the killer. There is someone out there laughing at this and thinking how foolish the Police are, as they are pinning offensive communications on someone as they please. Even Museveni has said much worse about random state subject since 14th June 2018. Therefore, the law is justified. Peace.
I don’t know if this is the remedy, the Uganda Police Force has or the National Resistance Movement (NRM) have to secure their existence, because at some point of time. They just have to arrest some Members of Parliament on some fraudulent charges. This time it hon. Hassan Fungaroo Kaps, the Forum for Democratic Change (FDC) the Obangi County MP and also Betty Nambooze Bakireke, the Democratic Party (DP), the Mukono Municipality MP.
Today, the Police Force first took Nambooze from her home in Mukono, than she was put in Jinja Road Police Station before taken to Naggalama Police Station. Where she after a whole day was released. This after producing a statement and let out on bond until Friday, as the probe on Abiriga continues. That is because the Police says the MP has delivered “Offensive Communications”. Meaning, she said something profound online or in a broadcast. Which was insulting the intelligence of the NRM.
Certainly, the same must have been done by Fungaroo too. Both of them have to show up on Friday as the Police are investigating them. This is all a charade, where they are used as pawns to create chaos. Certainly, the UPF and UPDF don’t want people to look into the cover-ups and the sudden arrests surrounding Gen. Kale Kayihura, also the strange events around his airlift. Nothing seems like the statement the UPDF said. Neither, the changing narrative. They are doing that, as people are worked-up of the assassination of Abiriga.
Therefore, because these MP’s was speaking out, writing their heart out and actually taking a stand. The Police are shielding the state arresting them and trying to stop them from questioning the death of Abiriga. That is why the Uganda Communication Commission are also explaining how people should communicate about the investigation into Abiriga, because the state doesn’t like thinkers. The NRM Regime need loyal followers, everything else is sectarianism.
That is why this arrests and this threats against to MPs is just sad. They are used as tool from the state. Their arrests and their investigations into the words they said, won’t bear fruit and create any changes of the cause. This sort of investigation is more a public mirage, than actually making a difference. The investigation should be into the motorcycle killers and the leads from the murder-scene. Not if an MP wrote something on Facebook or talked on NTV. That is just nonsense and the world knows that.
What is saddest is that the state use these tools, instead of solving the murder. They are misusing the state resources on mirages on forgery and not on the initial investigation into who actually killed Abiriga. Because they are more preoccupied playing with these MPs and their lives. Using their time and spirit. This is not making the Republic better. Just hurting it instead and also the integrity of the Parliament. As again MPs are suddenly made criminals for speaking their mind. Peace.