The Buganda Road Chief Magistrate’s Court has dismissed charges of common nuisance against 14 members of the former opposition Forum for Democratic Change (FDC) Katonga faction.
Chief Magistrate Ronald Kayizzi dropped the charges on Wednesday, citing the prosecution’s repeated failure to produce witnesses during scheduled hearings.
Those acquitted include Kira Municipality MP Ibrahim Ssemujju Nganda, Kampala Deputy Lord Mayor Doreen Nyanjura, lawyer Wahab Musinguzi, legal assistant Eric Wasswa, businesswomen Phiona Kabayiza and Zalikah Mutesi, hawker Gilbert Nayebare, sales agent Innocent Turyahikayo, and student Beston Mutambi. Other acquitted members are former FDC mobilization head Ingrid Kamateneti Turinawe, FDC Secretary General Harold Kaija, former Rukungiri Municipality MP Roland Mugume Kaginda, and Kabale Municipality MP Nicholas Kamara Thadeous.
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The group was arrested on August 5, 2024, while marching to the Kenyan High Commission in Kampala to protest the arrest of FDC members in Kisumu, Kenya, in July 2024. They were accused of being rowdy, blocking walkways, and causing public inconvenience.
Defense lawyer Samuel Wanda requested the case’s dismissal, arguing that the prosecution had failed to produce witnesses since the accused entered their pleas in August 2024. Despite several adjournments, the state did not bring witnesses, with the final extension expiring on January 22, 2025.
State Attorney Ivan Kyazze apologized for the absence of witnesses, stating:
“Since the accused persons took their plea on August 5, 2024, no single witness has appeared to testify. On November 4, 2024, the court gave the state one last adjournment to produce witnesses by December 9, 2024, but they failed. Another extension was granted to January 22, 2025, but no witnesses have appeared.”
Magistrate Kayizzi agreed with the defense and dismissed the case under Section 119 of the Magistrates Court Act, citing prolonged delays. He noted that the state could reinstate the case if ready to proceed. All 14 individuals were acquitted unless facing other valid charges.
The arrests stemmed from the group’s march to the Kenyan High Commission, where they demanded answers regarding the detention of FDC members in Kisumu on terrorism charges. The detained members were later granted bail.
FDC Chairman Ambassador Wasswa Biriggwa had previously condemned the arrests in a letter to the Kenyan High Commissioner, describing them as violations of trust and sovereignty. He urged the Kenyan government to protect the rights of the detained leaders.
However, this ruling does not affect a related case involving seven individuals, including Ssemujju himself, who are accused of obstructing Ssezibwa Road in Kampala on November 25, 2024. This group, which includes Ingrid Kamateneti Turinawe, Masurudin Basalirwa, Abdul Ssebyala Bukenya, Norbert Chaku, Faridah Nangonzi, and Hillary Atwongirwe, was arrested while planning another march to the Kenyan High Commission in protest of the detention of their colleagues.
Among the detained leaders in Kenya are Dr. Kizza Besigye and Hajji Obeid Lutale, who were arrested and remanded by a Kenyan Court Martial chaired by Brigadier Robert Freeman Mugabe. Their case is scheduled for a hearing on February 3, 2025.
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