Kakwenza must be released, says court

Kakwenza was arrested on December 28 while at his home in Kisaasi, a Kampala suburb. Kakwenza has been held in police custody without access to his lawyers, family and friends for more than a week.

According to the law, a suspect cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period of time.

This procedure was not followed, that’s why Kakwenza’s lawyers are demanding for his immediate and unconditional release.

In the application in which the Attorney General was listed as the respondent and filed on December 30, the lawyers led by Eron Kiiza, Luyimbazi Nalukoola and Samuel Wanda said Kakwenza must be released without fail.

They also added that Kakwenza had been arrested violently by a joint security team of plainclothes operatives from the Police Crime Intelligence Directorate, Criminal Investigations Division and Chieftaincy of Military Intelligence who took him away to an unknown facility.

The Makindye Grade One Magistrate, Irene Nambatya, agreed with Kakwenza’s lawyers that their client had spent more than the legally stipulated 48 hours in custody and so he should be released unconditionally.

“It is hereby ordered that the applicant be unconditionally released from police custody. Every police officer should comply with the above order and no order as to costs,” Nambatya ordered.

Earlier, Kakwenza’s lawyers said they had intended to request that the court release their client as soon as possible.

“He must be released now and that is what we want to tell the court. He was arrested and it was only yesterday that police came out to say they have him, which is contrary to what the constitution provides,” Luyimbazi Nalukoola told journalists.

“Court gave us Friday but we have realized that the day is very far when one’s rights are being infringed. We are making a humble prayer before court that the date is brought nearer and we can be heard and he is released.”

The Police Criminal Investigations Division spokesperson, Charles Twiine, said that Kakwenza is accused of offensive communication used on social media with the intent of ridiculing President Museveni and the First Son, also Commander of Land Forces in the UPDF, Lt Gen Muhoozi Kainerugaba.