The Highcourt is set on Monday next week to rule on whether former presidential aspirant Robert Kyagulangyi Ssentamu and his wife Barbra Itungo are in illegal detention at their home in Magere -Kasangati -Wakiso district.
This is after Justice Micheal Elubu has heard Kyagulanyi ‘s lawyers who contend their client and his wife have been placed under illegal detention at their home by security personnel comprised of UPDF and police since the election day on 14th/November 2021.
Court has also heard from Martin Mwambustya who has represented the Attorney General , Chief of Defence forces and the Inspector General of police .
The 3 respondents have based on the police Director of operations Edward Ochom and UPDF’s legal director Gordon Busingye’s affidavits to maintain that Kyagulanyi is in neither of the 2 security force’s custody but rather has his movements restrained .
Ochom says during campaigns, Kyagulanyi held rallies in ungazatted places, held processions , had so many people killed on his trail and also never followed Ministry of Health guidelines on Covid 19.
The police director adds that there is also credible intelligence information linking Kyagulanyi to organised riots by youths hence restricting his movements at home .
for his personal safety .
Mwambustya has further asked court that incase its Inclined to free Kyagulanyi from his home , stringent terms such as denouncing his planned processions with the youths and following Covid 19 guidelines should be imposed.
As for his wife Itungo , the state says that she is misconcieving the entire situation as neither her nor any other family member of kyagulanyi is placed under house arrest .
However Kyagulanyi’s lawyers led by Medard Ssegona want Ochom’s evidence struck out of court record for neither being dated nor signed / witnesses by a commissioner for oaths . Ssegona says this offends the rules of procedure .
Ssegona further contends that Ochom has not produced any evidence linking Kyagulanyi to the arrested protesting youths to warrant placing him under security surveillance.
Immediately after today’s court session, Kyagulanyi’s lawyers have proceeded to his home in Magere to see if they can be allowed access to their client who has been held incommunicado with no access to visitors for a week now.
Kyagulanyi who stood on the NUP ticket opposed the results of the election which placed incumbent YKM7 at a 58% lead .
