Head of legal affairs in the UPDF Brig. Ramathan Kyamulesire has petitioned the Constitutional court, seeking to overturn a decision to release former Coordinator of Military Intelligence Gen. David Sejusa on bail, saying he still has criminal charges against him before the army court.
On April 1, 2016 Justice Wilson Musene-Masalu of the High court released Sejusa on a court bond of sh10 million, pending hearing of his application to retire from active Uganda People’s Defence Forces (UPDF) service.
Brig. Kyamulesire argues that it was illegal for Justice Margaret Oguli Oumo to direct Gen. Sejusa to apply for bail at High Court yet he had no criminal charges against him in the civil court.
Kyamulesire now wants court to declare that the action and procedure used by Justice Masalu to entertain and grant bail to Sejusa contravenes the constitution and should be nullified.
The judge heard Sejusa’s application ex-parte and made his ruling, without DPP Mike Chibita’s response.
Sejusa ran to the High court seeking to stay proceedings against him in the army court and to be released on bail, saying that he had not been receiving his salary, had his uniform and arms withdrawn, and was not deployed anywhere – meaning he had effectively been retired from the army.
However according to Kyamulesire the charges that caused Sejusa’s arrest and detention on February 2, 2016, still stand in the army court.
Sejusa was charged with offences of absence without leave, participating in political activities, insubordinate behaviour, and conduct prejudicial to good order, and discipline expected from an army officer.