Novelist activist Kakwenza Rukirabashaija

On December 28 last year, Kakwenza was arrested at his Kisaasi home for allegedly “disturbing the peace” of President Museveni and the Commander of Land Forces, Lt Gen Muhoozi Kainerugaba, through his twitter account.

Kakwenza’s lawyer Eron Kiiza asked court to release his client on bail citing his medical condition as a result of his client being tortured by security agents during and after his arrest.

On the other hand, the state said releasing Kakwenza would put investigations into his charges of offensive communication at risk.

However, Buganda Road Chief Magistrate, Dr. Douglas Singiza, agreed with Kakwenza’s lawyers.

“The accused person has presented credible sureties some of whom are lawyers while others are political leaders of one of the political parties. Given the circumstances of this case, it is my considered view that it is not even necessary to consider expensive bail conditions in monetary terms. I therefore release the accused person on bail,” said in his ruling.

Accordingly, he ruled that Kakwenza pay shs500,000 in cash as bond and each of his sureties pay Shs 10million as a non-cash as bond.

Kakwenza was also directed by the judge to deposit his passport with the court for a period of six months as the hearing proceeds, adding that this ruling may be reviewed.

The magistrate said that no lawyer involved in this case is allowed to comment about the case in the media or elsewhere in the public sphere. If they do so, the bail will automatically be cancelled.

“All parties in this case are specifically barred from discussing this matter in the media. Particularly the accused person and the defence are advised not to discuss this matter in the media as a breach of this condition will lead to automatic collapse of the bail,” he said.

The case has been adjourned to February1 for mention.

However, in a related development, the Leader of Opposition in Uganda’s parliament, Mathias Mpuuga, said Kakwenza’s torture was intended to break his spirit as he was made to stay awake and dance endlessly as soldiers mocked and beat him.

Mpuuga, who visited Kakwenza when the novelist-activist was in jail, said he was tortured badly.

“His fingernails have patches of blood caused by injuries he sustained during the torture sessions. He told me that the soldiers used a pair of pliers to pluck his fingernails and other body parts before being made to dance nonstop throughout the day and night,” Mpuuga said.

Although Kakwenza is out on bail, the bodily harm done to him is possibly irreversible.

“Healing scars and other marks of torture covered his body as he slightly limped into the room where I was seated. He lowered his yellow mask to smile at me but I read pain written all over his face,” Mpuuga recalled after visiting Kakwenza in jail.

Mpuuga said that, in a different country, the commander of Land Forces, Lt Gen Muhoozi Kainerugaba, would either resign, be forced to resign or be arrested along with his accessories for allegedly “ordering the torture” of Kakwenza.