Wednesday , February 8 2023
Home / NEWS / Mabirizi drags Uganda to East Africa Court over extra judicial killings

Mabirizi drags Uganda to East Africa Court over extra judicial killings


Kampala, Uganda | THE INDEPENDENT | City Lawyer Male Mabirizi has petitioned the East African Court of Justice over the recent  extra judicial killings of terrorism suspects in the country.

In his petition filed in the East African Court of Justice in Kampala Subregistry , Mabirizi wants the court to declare that it is unlawful for Uganda government’s security agencies to kill someone when that death has not been sanctioned by a competent court of record.

According to his records before Court, Mabirizi lists six  people who have  reportedly been  killed by the security agencies between November 17th and 19th 2021 under suspicious circumstances during counter terrorism operations following the recent twin bombings at Central Police Station Kampala and IPS building.

He mentions Moses  Mugamba  Mudasiru aka  Kalyowa  alias   Moze who was killed from Bwaise and four others who were shot dead from Ntoroko District on allegations that they were suspected members of a terrorist group, Allied Democratic Forces -ADF.

These include  Yasin  Atindya  alias Dan Senabulya , Musa  Byaruhanga Bahemuka, Joshua  Mathias Turikimanya, Joseph Bagonza and  Sheikh Muhammad Kirevu alias  Abbas Kirevu who was shot on November 18th 2021 in Nsangi in Wakiso District.

The Uganda Police Force  has been saying that the said people who were killed were either violent to the arresting officers or were trying to resist arrest.

However, Mabirizi’s list excludes other four  terrorism suspects who were shot dead during the operation to arrest  the suspects implicated in the murder of General Katumba Wamala’s daughter Brenda Nantongo and his driver Haruna Kayondo in June 2021 and two others who were gunned down on allegations that they wanted to attack mourners at Lt  General Lokech’s burial with bombs.  This would otherwise bring the total number of terror suspect shot dead within a spate of five months to 12.

But according to  Mabirizi’s affidavit supporting the case,  he is quoting the statements made by the  Uganda Police Force’s Spokesperson Fred Enanga  who reportedly confirmed that four suspected ADF members had been killed in Ntoroko and that after the twin bombing where three suicide bombers had reportedly died in the explosion; and that  the security   had  pursued  a  fourth  suicide  bomb attacker,  identified  as  Moze  and  cornered  him  at  Bwaise,  shot  and injured  him,  and  immediately  after,  recovered  an  unexploded improvised explosive device on  him.

“I  know  that  the  said  Moze,  whose  full  names  are  Mugamba Moses  Mudasiru  aka  Kalyowa  aka  Moze  shortly  succumbed  to  bullet injuries  inflicted  on  him  by  Uganda  Police  Force,  Uganda  People’s Defence Forces  and Intelligence Services”, reads the affidavit in part.

Mabirizi further contends that it  is  unlawful and contrary to the  fundamental and  operational  principles  of  the  East  African  Community where  Uganda is a signatory  for the government’s  security agencies   to  shoot  and  kill  suspected  criminal  instead  of  taking them  to courts  of law.

To support his arguments, Mabirizi is quoting Article  22(1)  of the Constitution of Uganda which states that  ” no  person  shall  be  deprived  of  life intentionally  except  in  execution  of  a  sentence  passed  in  a  fair trial  by  a  court  of  competent  jurisdiction  in  respect  of  a  criminal offence  under  the  laws  of  Uganda  and  the  conviction  and sentence  have  been confirmed  by  the  highest  appellate  court”.

Mabirizi  says by killing the said suspects the aforementioned law was violated as well as the Constitutional provision  that says a  person shall be presumed innocent until proven to be guilty.

But asked as to why he has opted to file a case in East African Court not in Ugandan Courts, Mabirizi told Uganda Radio Network that there is a lot of frustration the way how Ugandan courts handle cases of human rights and cases related  to the state killing its own people. He says that some Ugandan Judges threaten to arrest litigants and some mishandle human rights cases thereby making it difficult for one to access justice.

However,  besides this,  Mabirizi states that the East African Treaty allows the people from the  member States to file cases there as a first instance court not necessarily going to it as an Appellate Court.

As such, Mabirizi now wants the East African Court of Justice to declare the said killings unlawful and consequently compensate the families of the killed terror suspects for the damages and inconveniences caused to them.

The Attorney General who is listed as the only respondent in this case is yet to be summoned to file his defense to the case before it can be fixed for hearing.



Leave a Reply

Your email address will not be published. Required fields are marked *