Buganda Road Court magistrate Gladys Kamasanyu has ordered Kawempe MP-elect Muhammad Segirinya to stay on remand after hearing of his case flopped.
Segirinya was sent on remand at Kitalya Prison on 23rd March 2021 following his arrest on charges of participating in unlawful protests and inciting violence. He however denied the charges and sent on remand pending mention of his case today.
The hearing flopped after Segirinya’s lawyers appeared unprepared which prompted the magistrate to postpone hearing of the case to 15th April 2021.
The prosecution was today ready to proceed with the case but Segirinya’s lawyers led by Shamim Malende came hoping to secure bail for their client, only to be informed that investigations had been concluded and the bail application could not be permitted.
Ms Malende says hearing of the case could not proceed since they were not served with witness statements and other documents to rely on during proceedings. She expressed disappointed in the conduct of the state attorney whom she accused of siding with the prosecution and acting as a witness in Segirinya’s case.
“We were not served and we tried to approach their offices a number of times but she would be out handling other cases. That is why we didn’t get documents in time” Malende said.
“Our plea was that; let the bail application be heard and if they feel that that witnesses have moved, let their evidence be on record and next time, they come for cross examination. But court declined all that” She added.
Malende says rejecting Segirinya’s bail application is unfair owing to his health condition and a pending election petition that requires him to answer within a limited time period.
“We are very disappointed with the court decision because Segirinya is sickly, the time to respond to the election petition is running out and the conditions at Kitalya Prison are deplorable” Ms Malende said.
According to the law, Segirinya has 10 days within which to answer the petition starting from the date the petition is served. When the time period elapses without any response from the respondent, court may make a decision without hearing defense from the respondent.
Double Jeopardy for Segirinya aka Mr updates:
On March 30, the High Court in Kampala granted lawyers representing Suleiman Kidandala to serve Segirinya with documents through Uganda Prisons Service in Kitalya Prison where he is incacerated.
Kidandala, a former contender in the race for Kawempe North seat, dragged Segirinya to court accusing him for lacking academic requirements. Malende says Segirinya has not received the documents yet when actually service to the prison was done.
Malende fears that Segirinya’s tormentors could be behind this extended remand to frustrate his response to the electoral petition.
“Our major concern is that the document may have been served to the Officer in Charge of Kitalya Prison and was not transmitted to our client” Malende said.
She said their main pre-occupation now is to ascertain the truth about this matter.