Lawyers of jailed Rubaga North Lord Councillor, James Mubiru have petitioned the High Court in Kampala demanding his unconditional release.
Mubiru was on March 22 2021 arraigned before the General Court Martial led by Lt General Andrew Gutti and charged with one offence under the Uganda People’s Defense Forces Act of 2005 of unauthorized wearing of a uniform.
According to the prosecution, on November 18 2020 in Nakulabye Kampala City, Mubiru was found wearing a red beret which is a monopoly of the Defense Forces.
But Before his production in court, Mubiru had been picked from Kasubi, a city Suburb on March 12th 2021 allegedly by operatives from the Chieftaincy of Military Intelligence.
Mubiru whose bid to stand as the KCCA Speaker was ruined following his arrester was later charged and remanded to Makindye Military Barracks.
Mubiru’s lawyer Geoffrey Turyamusiima, ever since Mubiru was arrested, detained and later charged before the Court Martial and remanded to Makindye Military Police cells, his case has never commenced.
Turyamusiima adds that Mubiru has been in detention for more than 120 days without his trial kicking off and as such he qualifies to be released unconditionally.
“That the said Mubiru James is remanded at Makindye Military Police Barracks, a place that is not gazetted for remanding prisoners under the law”, adds the affidavit in part.
According to Turyamusiima “there are no justifiable reasons whatsoever for the continued detention of the said Mubiru James at Makindye Military Police Cells.”
“That Mubiru James’ right to personal liberty and the non-derrogable right to fair hearing have been infringed upon in as far as he was never allowed to appear in court with a lawyer of his own when he was presented for plea taking, his trial has failed to commence and being detained in a non-gazetted place”, reads Turyamusiima’s affidavit in part.
Turyamusiima wants Mubiru released because his continued detention is unreasonable band amounts to a miscarriage of justice.
March 2021, then Kawempe North MP Elect Muhammad Ssegirinya staged a protest demanding Mubiru’s release from detention. He was later arrested and remanded to Kitalya Government Prison on charges of inciting violence and later released on bail. URN
