Judge rules that Kanyamunyu is innocent till proved guilty
Kampala, Uganda | GODFREY SSALI | High Court in Kampala has just granted bail to “Lugogo murder” key suspect Mathew Kanyamunyu.
High Court judge Wilson Kwesiga Matthew granted Kanyamunyu bail on Wednesday and asked he deposits a sh10m cash bond, while his sureties sh10m each non cash bond.
Kanyamunyu was early this year indicted for the murder of social worker Kenneth Akena in November last year. Prosecution says the deceased had knocked Kanyamunyu’s motor vehicle in the incident that occured at Lugogo Forest Mall, along Jinja-highway in Kampala.
It was the the fourth bail application he had filed, after three previous failed attempts. Justices Elizabeth Kabanda and Yasin Nyanzi dismissed Kanyamunyu’s three previous attempts to gain his liberty, citing overwhelming evidence the State intends to adduce against him.
Justice Kwesiga ordered Kanyamunyu to pay a cash bond, deposit his passport with court, and report to the High Court’s Criminal Division registrar once a month beginning November 06, until his trial is concluded.
KANYAMUNYU BAIL CONDITIONS
– cash bond of shs10m
– deposit passport in court in 7 days
– sureties to sign non cash bond of shs10m
— Diana Kobugabe (@DianaKobugabe) October 4, 2017
— nicholas Bamulanzeki (@bamulanzeki) October 4, 2017
While granting him bail Justice Kwesiga noted that much as other judges denied him bail due to the circumstances surrounding his case, he considered each bail application be handled on its own merits.
The Judge also observed that no doubt that murder is a grave offence, however it’s not fair to evaluate the application based on the evidence the prosecution intends to adduce, because according to him, you will be infringing on the applicant’s right of presumption of innocence.
It’s against this background that Justice Kwesiga allowed Kanyamunyu’s application, having determined that he has sound sureties and a permanent place of residence within the jurisdiction of the court.
Kanyamunyu has been on remand in Luzira Prison since November 02, 2016 and was committed for trial on January 31, 2017, but the trial date has never been fixed, which pre-trial detention Justice Kwesiga said is contributing to decongestion of prisons.
He is jointly charged with his girlfriend Cynthia Munwangari and brother Joseph Kanyamunyu , who are out on bail on grounds that they are mere accomplices to the crime allegedly committed by Mathew Kanyamunyu.
They have since been committed to the High court and are waiting for trial to start.