Mathew Kanyamunyu Muyogoma, the main suspect in the “Lugogo Murder” case, has appealed against the decision of High Court Judge Yasin Nyanzi to deny him bail.
Through Alaka and Company Advocates, Kanyamunyu says he is dissatisfied with part of the High Court ruling and wants Court of Appeal to review it.
On March 28, 2017, Justice Yasin Nyanzi denied Kanyamunyu bail saying there was no guarantee that he would not interfere with witnesses.
The judge also ruled that it was the court’s duty to balance Kanyamunyu’s constitutional right to get bail on the presumption of innocence, and to protect the society from lawlessness.
He then directed that Kanyamunyu remains on remand in Luzira Prison and wait for trial.
Kanyamunyu is jointly charged with his girlfriend Cynthia Munwangari and his brother Joseph Kanyamunyu for the alleged murder of social worker Kenneth Akena.
The incident is said to have happened at Forest Mall Lugogo along Jinja High way in Kampala, after Akena allegedly knocked Kanyamunyu’s motor vehicle.
The two co-accused were granted bail by the High Court last week.
Justice Nyanzi ordered the sureties to pay sh50m not cash, while Joseph and Munwangari were ordered to pay sh5m cash before being released. The Kanyamunyu family were also asked to deposit their land title as security with court, then report to the registrar criminal division every fortnight.
The accused are battling charges of murder contrary to section 188 and 189 of the Penal Code Act (PCA). According to the Act, any person convicted of murder faces the death penalty.
In the case, the Director of Public Prosecutions (DPP) also preferred an alternative charge of being an accessory against Joseph Kanyamunyu who is accused of having taken away the killer gun.
The DPP added that he will adduce evidence at trial to discredit the trios defence that it’s the late Akena in company of another assailant that had come to attack Munwangari but unfortunately his accomplice shot him, and they only acted as good Samaritans to rush him to hospital.
Joseph Kanyamunyu and Munwangari were granted bail by Justice Nyanzi simply because the facts under which they allegedly committed the offence are different from those of Mathew Kanyamunyu whom he ordered to remain in prison.
Nyanzi ruled that according to evidence DPP intends to adduce against the three, Joseph and Cynthia were simply accessories to the murder of Kenneth Akena.
The judge said he will give reasons why he has denied Mathew Kanyamunyu bail, on 30th. this week
This was the second attempt by the three suspects to get bail in the controversial case.
In an earlier session, relatives of Akena protested at the court as focus turned to Winnie Byanyima, Executive Director of Oxfam International and wife of politician Kizza Besigye, who had then stood surety for the witnesses.
Relatives of the victim, and politicians protested outside court in January, questioning Byanyima’s decision to stand surety for the accused. The politicians, led by controversial MP Odonga Otto, threatened to quit the FDC party led by Besigye, claiming they had been betrayed.