We need to place their actions against international practice even in democracies like the USA, France, and Italy
Since the late January shooting incident in Luzira that killed one person and injured two, the public has been baying for the blood of the “culprits” to wit (now) former director for planning in KCCA, George Agaba and a policeman, Santos Komakech. To whet the appetite of an angry public, the DPP moved fast to charge them with murder. The police also moved swiftly to distance themselves from the incident accusing KCCA officials of going to evict encroachers without notifying them.
Before the ever sentimental section of Uganda’s chattering class lynch me for defending Agaba and Komakech, let me first admit that many of the emotions expressed by the public are justified. Loss of life is a serious matter. With the benefit of hindsight, I suspect even Agaba would admit he should have handled the situation much better. He would also probably admit to a couple of errors of judgement. For instance, he should have gone with a large police force to oversee the eviction. If he looked at the video, even Komakech would probably admit that he should not have been as zealous. I suspect he would also realise that he should have aimed his gun much higher to avoid the tragedy he ended up causing.
However, hindsight is clear sight; we have the hindsight because we have carefully watched the video in the comfort of our living rooms. We have the patience, emotional stability and calmness of our homes and are therefore able to see where there was a chance to exercise restraint. It is like blaming Theo Walcott for that goal he failed to score against Aston Villa in the FA Cup. He could have passed the ball to Van Perse on his left or Song to the far end of the goal post both of whom were unmarked. I suspect during the pressure of the game those off the pitch would see more scoring opportunities than the players.
The problem is that neither Agaba nor Komakech had that luxury we have in our living rooms. They were acting on the spur of the moment and in a hostile environment. They had a mob that was wielding sticks, iron bars and stones surrounding them. And it was making a lot of noise. Noise creates a mood of emergency. The mob can also be seen in the video lynching KCCA enforcement officers with sticks, stones and fists. And it injured 15 of them, six badly. Police have their medical reports. The cameraman focused on Komakech, not the mob.
Komakech is not the monster the mob and its police allies paint in television interviews. The reaction of Komakech is clearly one of self-defence; to save his life and that of the KCCA officers under his charge and who were, by the way, enforcing a lawful order. If Komakech did what he did in the circumstances of attack from a mob in any democracy – Sweden, USA, UK, Norway etc, he would not have been arrested as he was. The NTV video, even with the biases of the cameraman, is enough to show that he was acting in self-defence for himself and the KCCA team.
If Komakech and through him Agaba overreacted, it was because they were at the risk of being overpowered by the mob. In fact during most of the shooting, Agaba himself had escaped from the scene already, his car (and other KCCA vehicles), had their windscreens shuttered by the mob. Even if Komakech and Agaba are accused of overreaction, we should not be blind to the violence meted against officers of KCCA enforcing lawful orders by this mob. The rule of law means that law governed behaviour is the rule. Without the rule of law we have anarchy.
The fact that the mob was armed and was lynching KCCA officials is sufficient justification for Komakech’s actions. We need to place Komakech’s actions against international practice even in democracies. In 1999, the New York Police Department (NYPD) was chasing a serial killer in a city suburb. Then they saw a young guy, Amadou Diallo, who fitted the description of the suspect on the street and ordered him to stop. The boy, an immigrant from Guinea, began running away from the police officers.
As he was climbing the staircase to his apartment, the police caught up with him. They shouted at him to stop and put up his hands. Instead, he stopped and put his hand in his rear pocket to remove something. The officer in charge, fearing the young man could have been pulling out a gun, gave an order to shoot. Forty one bullets were shot at this hapless boy, 19 of them in his chest and he died instantly. When they got to his copse, they found he had pulled only a wallet from his pocket, most likely to show them his identification documents.
The case generated mass hysteria in New York and the whole of America. This was especially so among the African-American community against who police brutality is often selectively applied. Perhaps because of political pressure, the police officers involved in the incident were charged with murder. In fact the trial had to be taken out of New York City to a neutral venue so that public sentiments do not significantly influence the jury. To cut the long story short, the case went up to the supreme court of the USA. The police officers were acquitted. The judges agreed that police action was reasonable given the circumstances; the fear that the suspect was going to shoot and kill the police officers.
I can cite other examples of police in UK, Norway and France who have acted in such a manner during riots. In many such cases, police officers are not charged with murder for defending themselves. If that happened, few people would be willing to join the police to risk their lives for our safety. In dealing with the Agaba-Komakech case, we need to bench-mark them against international practice even in democracies. The public is justified to get emotional about the death of a person but that should not be the guiding rationale for the DPP, the police and other institutions of state.
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written by andruale ivan, February 11, 2012
written by Musinguzi Denis, February 11, 2012
written by Musinguzi Denis, February 11, 2012
written by Musinguzi Denis, February 11, 2012
written by Musinguzi Denis, February 11, 2012
written by Rajab Kakyama, February 11, 2012
written by kato, February 11, 2012
written by Lt .Col Adam kifaliso, February 11, 2012
written by James, February 11, 2012
written by Bob Rugambwa, February 11, 2012
Get that video and watch it once more, carefully look at Komaketch's face, you will clearly see someone who is afraid, afraid of what an angry mob could do.
Agaba & Komaketch were doing their job which often times we have complained that gov't officials don't do their work. They found themselves in the line of fire, and surely had a right to defend themselves.
written by James, February 11, 2012
written by James, February 11, 2012
Someone once said "first they burn the books then they burn you..." about the German genocide. In Kampala it is first they "stone you then they kill you". God help us when we fail to see that our actions have repercussions and that violence attracts more violence.
written by Ggomba, February 12, 2012
written by Francis Ezeu, February 12, 2012
written by Omeros, February 12, 2012
written by katamba mutyaba, February 12, 2012
written by Harry, February 12, 2012
I am having my last laugh as I knew I would.
written by Bright, February 12, 2012
I like the fact that you've labored to make a case on behalf of the accused.
However, UK, one of the world's oldest democracies, doesn't handle riots like the case in question. How many times have buildings and vehicles been set ablaze in the UK and police engaged in several battles with rioters armed with petrol bombs yet no blood shed?
I admire your courage and conviction to speak boldly no matter how controversial the situation as long as you believe you're standing for the truth. In this scenario, though, I respectfully, don't make sense of your stand.
written by Musiru, February 13, 2012
written by Marvin Ya Kuku, February 13, 2012
I bet you cannot cite any examples. Show me any police officer in any of those countries caught on tape escaping murder charges by doing what KCCA did and i will give you 100 Uganda shillings, a very big ripe fene, some mukene and a jerry can of tonto or waragi but not both
written by ojfrog, February 13, 2012
written by Sultan, February 13, 2012
written by Ocheto, February 13, 2012
written by Steven Nsubuga, February 14, 2012
written by Raymond, February 14, 2012
written by Kayumba David, February 14, 2012
written by Ocheto, February 14, 2012
written by Banda, February 14, 2012
written by Omeros, February 15, 2012
written by Omeros, February 15, 2012
written by Edgar Kiiza, February 15, 2012
written by Edgar Kiiza, February 15, 2012
The actions of the mob; failure to heed lawful eviction orders thrice without formal discontinuation of the process through an injunction..etc in addition to the threat of violence, justified the actions of Komakech and Agaba in self defence.
written by Lt .Col Adam kifaliso, February 15, 2012
written by SebaSpace, February 15, 2012
written by SebaSpace, February 15, 2012
written by Emperror, February 15, 2012
That Agaba chose to take Komaketch along is clear evidence of malice afforethought.
written by Sam Karuhanga, February 15, 2012
written by Sam Karuhanga, February 15, 2012
written by Sam Karuhanga, February 15, 2012
written by Denis Nkunda, February 16, 2012
Therefore, Agaba and his bodyguard should be given what they deserve.
written by hillary, February 16, 2012
written by Marvin Ya Kuku, February 16, 2012
written by D.Oduki, February 16, 2012
Such a reaction by Police in Europe is extremely rare.
Imagine the situation of the Norwegian Brevink who blew up Oslo and then went on a shooting spree. He was actually arrested by the police unharmed. In the USA or maybe UK it may have turned out differently.
On a positive note the Uganda police now have a real-time training video of what not to do.
written by Michael Kors Outlet, February 17, 2012
Basically, most brands are offering the same product lines; they only compete with regards to quality and design.
written by Michael Kors Outlet, February 17, 2012
written by Michael Kors, February 17, 2012
written by Lt .Col Adam kifaliso, February 17, 2012
written by JT, February 17, 2012
written by hillary, February 17, 2012
written by Okello, February 17, 2012
written by Che Guevara, February 17, 2012
written by Che Guevara, February 17, 2012
written by Che Guevara, February 17, 2012
written by Mavi ya punda, February 17, 2012
written by Lt .Col Adam kifaliso, February 17, 2012
written by Robert, February 17, 2012
written by Robert, February 17, 2012
written by Agaba, February 18, 2012
we all shold have kept quiet and not responded to the rubbish Andrew alleges.
As they say, hold your breath and the stench will pass.
written by cahnpek patrick, February 23, 2012










