President Yoweri Museveni has for the first time spoken out extensively on the cause of the rift with his once strong ally and closest friend, Amama Mbabazi, saying the former Prime Minister’s downfall was triggered by his family members.
Museveni said “ideologically,” he had no single reason to part with
Mbabazi but quickly added that several “pushy” family members compelled
the impeached NRM Secretary General to “make many mistakes.”
The head of state made the
remarks on Tuesday while meeting members of the NRM Poor Youth Group, a
splinter faction from the mainstream youth wing of the ruling party, at
State House Entebbe.
“The president told us that he has no problem with Mbabazi but the problem is the two girls confusing him. It’s Hope Mwesigye and Jacqueline Mbabazi confusing and misleading Mbabazi,” said Isa Kato, the National Coordinator NRM Youth Forum who attended the meeting with the president.
Kato, whose political credentials have grown in leaps and bounds in
recent years due to his boldness and ability to effectively articulate
the grievances of the youth even in the presence of President Museveni, accepted to be quoted in this story “so that people know the truth.”
According to Kato, Museveni further stated that, “Mbabazi is a great leader.”
The President said, “I recruited him (Mbabazi) together with Otafiire
in 1970s and Mbabazi has been very good in areas of law and Foreign
Affairs.”
Insiders say had Mbabazi waited for more years before launching his
presidential bid, Museveni would have given him space to run Uganda for
some time.
However, Mbabazi’s allies say this was not likely and that the former
powerful government official had waited longer than the likes of Col
Kizza Besigye, Amanya Mushega, Augustine Luzindana and Maj Gen Mugisha
Muntu among other former NRM members who quit, forming an opposition
group.
At the Entebbe meeting, Museveni said, “Now you Poor Youth working
for Mbabazi I don’t know how you are going to help him…I don’t want to
see my brother Mbabazi in bad conditions.”
The youth looked on in awe, suspecting the president was referring to
the possibility of imprisoning his former best friend. Mbabazi is
reportedly being investigated over money laundering, charges his lawyers
have since dismissed as “politically motivated.”
Stick and carrot
Museveni discussed several issues including youth economic empowerment but would tactfully return to the Mbabazi saga to drive key points home.
He for instance said the NRM Poor Youth Forum must focus more on
advocacy and helping youth to benefit from government programmes such as
Youth Livelihood Project.
Kato said the president recognised the Poor Youth as ‘small Historicals’ who have contributed a lot towards a strong NRM.
Museveni added: “You poor youth have made me to drive on rough road
to organise NRM. You started fighting me in December 2013 and you made
my work difficult but I have defeated the Poor Youth Movement by using
soft and legal means but I had other means to finish the poor youth.”
Several members of the group were recently jailed for engaging in acts thought to be undermining president Museveni.
Museveni explained that he appointed
Hope Mwesigye as Minister for Agriculture “but what did he do for Poor
Youth and other people of Uganda? NAADS was inefficient when she was
minister. I appointed Mbabazi Prime Minister but he spent all his time
in parliament busy concentrating on Prime minister’s question time and
interacting with people like Nandala Mafabi.”
Museveni emphasised that he doesn’t have any problem with Mbabazi
“but the problem is Hope Mwesigye and Jacqueline Mbabazi who are confusing
my brother Mbabazi. Mbabazi must be a strong man and he should not
accept those two women to use him. You Poor Youth leaders you should
know that I am not fighting Mbabazi at all. So why are you fighting me?
Who are you working for?”
He further challenged them: “You leaders of Poor Youth, how are you going to help Mbabazi?”
One of the youth group’s leaders chipped in: “Mr President why don’t
you reconcile with Mbabazi?” Museveni fried back: “I am ready to
reconcile but he should first tame those girls -Jacqueline and Hope.”
Well known for using the carrot and stick policy in dealing with
political opponents, Museveni dangled a carrot laced with a warning.
“You poor youth, I am a very humble and tolerant leader and I have
used a soft approach on issues of Mbabazi but you are still fighting me.
I don’t have problems; it is some people in government failing me. Now
BIDCO wants to close operations in Kalangala. You people of Poor Youth I
am sending you to BIDCO Kalangala for study visit and I am tasking
statehouse comptroller to immediately organise the trip. I want you to
know what I have tried to do.I have tried to get investors to invest in
your country but some people are failing me,” said Museveni.
On their part, the youth said some of their colleagues including
Kirekyankuba are detained at Luzira for reportedly planning to disrupt
the recently-concluded NRM Delegates Conference.
“We told the president that over 100 poor youths were arrested by
Kayihura and are now rotting in Luzira. The president immediately spoke
to Kayihura to ensure that all members of Poor Youth are out of prison,”
Radio Katwe is an independent publisher of news, opinions and information from and about Uganda. Anyone is free to send us their article, news, opinion or comment. We campaign for the end of dictatorship, Corruption, Persecution, Poverty, Human rights in Uganda.
Monday, 27 April 2015
Inside Ojok’s Murder at Makerere
Students residing in Nkrumah Hall at Makerere University on Sunday
night clobbered to death a former student in what authorities say was a
clear case of brutal mob justice.
The deceased identified as David Ojok Otim is said to have been at the hall of residence to demand money for a service rendered to one of the residents.
Ojok completed his studies at the same university 4 years ago where he graduated with a Bachelors Degree in Computer Science.
He was working in Kikoni, a suburb west of the campus where he had a computer workshop and also sold stationery items.
This incident came a few days after Makerere was beginning to regain public credit following their solidarity walk against the Garissa terror attack.
Murder: Makerere University Guild President David Baala condemned the killing, adding authorities are working closely with police to ensure that the perpetrators face justice.
Baala cited “lack of trust and confidence in the criminal justice system by students as the primary cause to actions of mob justice.”
This, he said, isn’t just a trend only at the campus “but the whole country is faced with a failed justice process and corruption.”
However, the leader stressed that Makerere being the acclaimed institution of learning that it is, intellectual thinking should begin there.
Asked whether such a terrible incident wouldn’t go a long way with staining the institution’s name and a big blow to his efforts to revive its glory, he said that “the process of revitalizing Makerere’s glory also has challenges.”
Baala had the leadership to blame which he said is ‘still wanting’ given that the Nkrumah Hall leader was allegedly involved in the mob justice.
“There’s need for sensitization of leaders so as to champion this cause,” he said.
He also lamented about Police’s delay in responding to the Makerere murder, noting that a lot is still desired.
Police
A source from Makerere Police station said there are many accounts of this story going around but the police are investigating the circumstances under which Ojok died.
He said it is alleged that Ojok had gone to Nkrumah Hall to demand Shs 500,000 from an unknown student.
He started knocking on doors searching for the student but residents became suspicious of him which consequently made him mistaken for a thief.
One resident shouted “thief” and students swiftly emerged from their rooms before beating Ojok badly and partly burnt him first in the corridors of the hall before dragging him outside.
The victim had no identification. It was 10pm in the night.
According to Kampala Metropolitan Police spokesperson, Patrick Onyango, police was invited when Ojok had lost consciousness.
“We rushed him to Mulago Referral Hospital but died at the facility’s main gate,” said Onyango.
Given the nature of the incident, police couldn’t find any suspects at the scene since all the students who played a part in the beating had vanished.
It is at this point that the police chose to pick someone to help them with their investigation which is why Marvin Mutungi, the hall’s Chairman was put under custody.
“He wasn’t picked because he was a suspect but rather because he is the leader and we thought he would help us,” said a source.
A source at Makerere police post said Mutungi was worried of the media reports about him thus asking for protection from police.
“As police, our mandate is to offer protection to our witnesses,” our source told us.
Police learnt that actually Mutungi initially intervened to stop the mob from beating Ojok.
“The police needs enough time (long as it may be) given how complex this case is but there’s progress and we will find leads,” a detective who preferred anonymity so as to speak freely, told this investigative website.
Members of the public have since condemned the action of Makerere students, saying the institution’s brand is gradually going to the dogs.
But some Makerere alumni said the incident should be seen as an isolated act of mob justice by a few undisciplined students.
The deceased identified as David Ojok Otim is said to have been at the hall of residence to demand money for a service rendered to one of the residents.
Ojok completed his studies at the same university 4 years ago where he graduated with a Bachelors Degree in Computer Science.
He was working in Kikoni, a suburb west of the campus where he had a computer workshop and also sold stationery items.
This incident came a few days after Makerere was beginning to regain public credit following their solidarity walk against the Garissa terror attack.
Murder: Makerere University Guild President David Baala condemned the killing, adding authorities are working closely with police to ensure that the perpetrators face justice.
Baala cited “lack of trust and confidence in the criminal justice system by students as the primary cause to actions of mob justice.”
This, he said, isn’t just a trend only at the campus “but the whole country is faced with a failed justice process and corruption.”
However, the leader stressed that Makerere being the acclaimed institution of learning that it is, intellectual thinking should begin there.
Asked whether such a terrible incident wouldn’t go a long way with staining the institution’s name and a big blow to his efforts to revive its glory, he said that “the process of revitalizing Makerere’s glory also has challenges.”
Baala had the leadership to blame which he said is ‘still wanting’ given that the Nkrumah Hall leader was allegedly involved in the mob justice.
“There’s need for sensitization of leaders so as to champion this cause,” he said.
He also lamented about Police’s delay in responding to the Makerere murder, noting that a lot is still desired.
Police
A source from Makerere Police station said there are many accounts of this story going around but the police are investigating the circumstances under which Ojok died.
He said it is alleged that Ojok had gone to Nkrumah Hall to demand Shs 500,000 from an unknown student.
He started knocking on doors searching for the student but residents became suspicious of him which consequently made him mistaken for a thief.
One resident shouted “thief” and students swiftly emerged from their rooms before beating Ojok badly and partly burnt him first in the corridors of the hall before dragging him outside.
The victim had no identification. It was 10pm in the night.
According to Kampala Metropolitan Police spokesperson, Patrick Onyango, police was invited when Ojok had lost consciousness.
“We rushed him to Mulago Referral Hospital but died at the facility’s main gate,” said Onyango.
Given the nature of the incident, police couldn’t find any suspects at the scene since all the students who played a part in the beating had vanished.
It is at this point that the police chose to pick someone to help them with their investigation which is why Marvin Mutungi, the hall’s Chairman was put under custody.
“He wasn’t picked because he was a suspect but rather because he is the leader and we thought he would help us,” said a source.
A source at Makerere police post said Mutungi was worried of the media reports about him thus asking for protection from police.
“As police, our mandate is to offer protection to our witnesses,” our source told us.
Police learnt that actually Mutungi initially intervened to stop the mob from beating Ojok.
“The police needs enough time (long as it may be) given how complex this case is but there’s progress and we will find leads,” a detective who preferred anonymity so as to speak freely, told this investigative website.
Members of the public have since condemned the action of Makerere students, saying the institution’s brand is gradually going to the dogs.
But some Makerere alumni said the incident should be seen as an isolated act of mob justice by a few undisciplined students.
The Inside Story Behind Brig. Mugira Transfer From CMI
In the new
changes, Museveni transferred Chieftaincy of Military Intelligence boss
Brig. James Mugira to head Luweero Defence Industries.
Following the reshuffle, Radio katwe launched a three-month investigation to establish why the President’s blue-eyed military boy was relieved of the sensitive military intelligence docket.
The transfer raised concerns in some circles and was thought to be a kind of demotion.
Our investigations indicate that Museveni wanted to revamp the crucial installation involved in manufacture of classified defence equipment.
Like any defence industries worldwide, this is a strategic facility.
From a national security
perspective and to ensure appropriate sovereignty each country needs
such capacity for self reliance, research and development into new
weapon systems to address emerging threats and to guard against threats.
They include sanctions, arms embargoes against the regime or even effects of instability from neighbours such as Kenya.
It’s important to note that Uganda is a land locked country.
The
geopolitical position of the country is an essential point considering
that in case war broke out leading to the destruction of infrastructure
along Jinja highway, Uganda would pay through the nose to receive
military supplies by air.
So it was paramount to appoint a trusted military chief to oversee manufacture of modern weapons at the Luweero industries.
We
have also established that Luwero Industries has been selected by the
East African Community under the Defence Cooperation as one of the
facilities to be shared by the region and therefore has to be put to
modern standards.
The facility had been run down and required total revamping hence need for good leadership.
SENSITIVE
Our impeccable security sources say this is the third most strategic office where a senior military officer has been deployed.
The
first was Police where it was felt things were not going well and Lt
Gen Katumba was deployed there followed by Lt. Gen. Kale Kayihura as the
Inspector General of Police.
The
second was the appointment of Brig. Noble Mayombo as Permanent
Secretary, Ministry of Defence and the third being the deployment of
Brig. Mugira as Managing Director of Luweero Industries.
Apart
from Command functions, there are two offices considered strategic in
the Ministry of defence which have to be occupied by trusted cadres
The
first one is Defense Permanent Secretary- currently occupied by
Rossette Byengoma whose contract has recently been renewed (formerly
occupied by Late Brig Noble Mayombo and where Brig Mugira had been
widely expected to be deployed since Mayombos death.)
Before
the deployment of late Mayombo as Permanent Secretary, there was a
feeling that a Senior Military officer and cadre would best serve in
that position.
The
second is leadership of Luweero industries – formerly headed by
Jacqueline Mbabazi, a historical member of the NRA struggle and wife of
the Premier Amama Mbabazi.
It’s
important to note that Mbabazi had succeeded Capt. Innocent Bisangwa,
formerly Private Secretary to President Museveni in charge of Security
and Defence matters (who was by coincidence replaced by Brig Mugira at
State House as Private Secretary when Bisangwa got problems and was
arrested in the USA for involvement in purchase of TOW missiles).
Investigations indicate that both the Permanent Secretary and MD Luwero Industries report directly to the President”
SFG OFFICE PAIRED WITH MUGIRA
We
have also established that at Luweero Industries, Brig Mugira has been
paired with Maj. Johnson Namanya, formerly Acting Commander of the
Special Forces Group. Namanya is also the President’s most trusted
officer who had just returned from a course in United Kingdom and has
now been promoted to Lieutenant Colonel.
On Relations with Rwanda
The
transfer of Mugira to Luweero Industries triggered a huge public debate
and media speculation that the military intelligence officer had been
transferred for his alleged connections with Rwanda renegade general
Kayumba Nyamwasa and Col. Patrick Karegeya.
Therefore,
according to media reports, in a bid to appease President Paul Kagame,
the Ugandan leader decided to ‘sacrifice’ Mugira – who was reportedly in
touch with the exiled Rwanda generals plotting to remove the Rwandan
leader from power.
However, our investigations indicate that Brig. Mugira is one of the few senior UPDF officers highly respected by officers of the Rwanda Army.
“Mugira
worked hard to restore Uganda/ Rwanda relations right from the time he
headed the Uganda team on the Joint Uganda/Rwanda Investigations and
Verification Committee brokered by Rt Hon Claire Short (His counterpart
on the Rwanda side was Colonel now Lt Gen Charles Kayonga now the Chief
of Defence Forces) and later as Chief of Military Intelligence,” a
reliable source confirmed.
“Mugira used both his official
position and his personal relationship with a number of senior officers
both in Government and the Rwanda Defence Forces to restore relations
between the two countries after the Kisangani clashes,” the military
source, who has known Mugira since the NRA war days, recounts.
Mugira
was at school with many of the senior officers in the Rwanda Army and
worked with them, including President Kagame at Basiima House
headquarters of NRA Directorate of Military Intelligence.
This was shortly after NRA captured power in 1986.
At the much publicized President Museveni’s visit to Rwanda last year to mend relations with President Kagame, Brig Mugira is the only senior military officer who accompanied the President.
Mugira
was photographed in company of Rwanda Defence Minister Gen. James
Kabareebe, Gen. Kayonga and Jack Nziza. The officers from the two
countries were spotted smiling and cracking jokes.
ADF
But
our research now shows that during Mugira’s three year term as the CMI,
there was no attack by the ADF because of the intelligence counter
measures that were put in place including establishing a Joint
Intelligence Centre at Beni where UPDF officers under Maj Muwonge were
deployed.
Mugira
did not only coordinate efforts for the establishment of the base but
also another East African Defence Counter terrorism Centre based in
Nairobi where Jamil Mukulu, the leader of ADF, was planning all his
activities. Maj Muwonge has since been deployed to the Nairobi office.
Mugira
also coordinated operations between Uganda troops and DRC authorities
that staved off ADF plans to attack western Uganda from Congo.
SHINNING STAR
Despite living a low-profile, Mugira turned around the image of the once dreaded CMI under then Col. Leopold Kyanda.
The facilities were rotting away, military operatives were involved in extortion and agents’ salaries were always swindled.
As
soon as he was transferred from Masaka Mechanized Brigade, Mugira
immediately gave orders that all CMI and JATT officers must get out of
the bed with the press and media.
There
had previously been very negative press reports about CMI and JATT of
safe houses, crocodiles, torture, extortion etc which the opposition
used to discredit Government.
“In
a bid to restore public confidence and improve the facility’s human
rights record, Mugira transferred all the officers named in various
scandals and built a professional team at CMI,” a source who preferred
anonymity said.
Mugira
restored espirit de corps among staff and instilled discipline in
officers and men of CMI. During his reign, CMI never had any scandals
like those of Black Mamba and the Human Rights Watch Report which came
out after he assumed office was covering incidents before he went there.
He was also credited for having caused promotion of many officers at the CMI who had stayed on the same rank for a long time.
In fact officers at CMI wept when they got information that Mugira would be transferred to Luweero Industries.
Mugira
was also responsible for building the state of the art CMI headquarters
at Mbuya which was commissioned by the President. There is no such
facility in the entire Ministry of Defence/UPDF.
It’s
said the facility has super electronic capabilities capable of
detecting suspicious troop movement in a foreign county. Such
intelligence would allow Uganda to rapidly prepare her forces to defend
her sovereignty.
TERROR SUSPECTS SAGA
Mugira
also played a key role in the arrest in record time of the 7/11 terror
suspects although this almost brought him on a collision path with Lt
Gen Kayihura.
Shortly
after arresting and interrogating all the terrorists, Mugira telephoned
Kayihura, saying he would parade them before the media to tell Ugandans
how they masterminded the attacks at Kyaddondo and Ethiopian Village
Restaurant in Kampala.
However,
according to information obtained, Kayihura was attending a security
meeting and could therefore not pick the phone call.
Mugira
then sent a text message. Because of his tight schedule, Kayihura did
not read the message concerning the planned parading of terror suspects
at then CMI headquarters in Kitante.
Considering
that police and CMI were both under pressure by human rights
organizations to parade the suspects in court, the heads of these
institutions ended up holding parallel press conferences on the same
day.
In
fact after the terror attacks, Mugira encouraged Kayihura to send a
team of counter terror detectives from police to CMI for information
sharing thus arrest of the terrorists.
Mugira
is also well remembered for neutralizing rebel groups that were
propping up like PPF (associated with Norbert Mao one time) and the
Lawrence Kiwanuka group.
“Mugira
established good and close working relationships with sister security
agencies of ESO and ISO. Previously, there had been poor working
relations,” recounts a source who worked under Mugira at CMI.
Who is Mugira?
He
is a lawyer by profession with first class honours Degree-LLB
(Makerere); Master of Laws in International Business Law-LLM (University
of Manchester) and Master of Arts in International Affairs (Legon
University Ghana).
Having
joined NRA in its early stages of its struggle from Kasese, Mugira has a
Diploma in Legal Practice from the Law Development Centre (LDC) where
he was awarded the Attorney Generals Prize and is an Advocate of the
High Court of Uganda.
He
is a graduate of the prestigious Monduli Military Academy, Tanzania and
the Ghana Senior Command and Staff College in addition to a number of
military intelligence academies in U.K and USA
Those who have worked closely under him say Mugira is a no-nonsense officer.
“He
is said to be a strict disciplinarian and strict time keeper. He is a
reserved down to earth officer who prefers to keep a low profile,” the
source notes.
Mugira is a son to George Wilson Kaguhangire of Rushere, Kiruhura (a retired teacher and magistrate).
He previously worked as Private Secretary to the President and Commander of the Armoured Brigade based in Masaka among others
Saturday, 25 April 2015
Museveni Sidelined Me - General Sujusa
When he was coordinator of intelligence services, Gen David Sejusa
exuded power and authority; but he has now confessed that it was a false
image.
Speaking on CBS radio on Wednesday, Sejusa said that in the eight years he coordinated intelligence services, he only met President Museveni three times.
"But he used to meet my juniors who would brief me about their meetings," Sejusa said on Kkiriza oba gaana talk show hosted by Meddie Nsereko.
Sejusa said his problem with Museveni stems from two court battles he fought with government relating to his attempt to retire from the army between 1996 and 1998.
When he tried and failed to retire from the army in 1996, Sejusa petitioned the Court of Appeal, which okayed his retirement. Government appealed the ruling in the Supreme court which overturned the lower court's judgment.
"After the Supreme court's verdict... , I had two options: to either fight Museveni or apologise to him and I chose the latter," Sejusa said.
He explained that he chose to apologise because the public which he intended to fight for had deserted him apart from Godfrey Lule and the late Mike Sebalu who he claimed paid part of his legal fees.
Asked about a recent threat for his arrest from army spokesman Lt Col Paddy Ankunda if he continued politicking, he laughed defiantly: "Who is Akunda anyway? How many times has he shaken hands with Museveni? He should leave issues of the generals to the generals. If Museveni who did not fight better than I in the liberation war has already retired himself and his brother, how about me who has fought for 34 years and has eight bullet wounds on my body?"
Earlier in the day, Sejusa met with JEEMA officials for an hour. He later told journalists that he would continue to meet other political parties with a view to removing Mr Museveni from power.
Speaking on CBS radio on Wednesday, Sejusa said that in the eight years he coordinated intelligence services, he only met President Museveni three times.
"But he used to meet my juniors who would brief me about their meetings," Sejusa said on Kkiriza oba gaana talk show hosted by Meddie Nsereko.
Sejusa said his problem with Museveni stems from two court battles he fought with government relating to his attempt to retire from the army between 1996 and 1998.
When he tried and failed to retire from the army in 1996, Sejusa petitioned the Court of Appeal, which okayed his retirement. Government appealed the ruling in the Supreme court which overturned the lower court's judgment.
"After the Supreme court's verdict... , I had two options: to either fight Museveni or apologise to him and I chose the latter," Sejusa said.
He explained that he chose to apologise because the public which he intended to fight for had deserted him apart from Godfrey Lule and the late Mike Sebalu who he claimed paid part of his legal fees.
Asked about a recent threat for his arrest from army spokesman Lt Col Paddy Ankunda if he continued politicking, he laughed defiantly: "Who is Akunda anyway? How many times has he shaken hands with Museveni? He should leave issues of the generals to the generals. If Museveni who did not fight better than I in the liberation war has already retired himself and his brother, how about me who has fought for 34 years and has eight bullet wounds on my body?"
Earlier in the day, Sejusa met with JEEMA officials for an hour. He later told journalists that he would continue to meet other political parties with a view to removing Mr Museveni from power.
Detention and Arrest of Journalist
On April 22, police in Bushenyi detained Daily Monitor
journalist Zadock Amanyisa on charges of disseminating false
information. The charges arose from a story in which the journalist
quoted Minister for Security Mary Karooro as praising the Mayumba Kumi
(10 households) security-watch system during President Obote’s regime in
the 1980s.The minister protested, saying she never mentioned Obote’s
name in her remarks made at a public event.
She also claimed Mayumba Kumi did not exist during Obote’s time but only during the brief Uganda National Liberation Front (UNLF) post-Amin government. First of all, there are distortions in the minister’s claims about Mayumba Kumi.However, regardless of the accuracy of the Daily Monitor story or Minister Karooro’s claims, the substantive issue here is the police’s blatant or deliberate violation of the law and the Constitution.In 2004, the Supreme Court, in the case of Charles Onyango Obbo and Andrew Mwenda versus the Attorney General in Constitutional Appeal No. 2 of 2002, nullified the criminalisation of publication or dissemination of false news under Section 50 of the Penal Code Act.The court ruled that criminalising publication of a false news, rumour or report was an infringement on the freedom of expression.
The court accordingly nullified the impugned section and expunged it from our law books. The court held that “a person’s expression or statement is not precluded from the constitutional protection simply because it is thought by another or others to be false, erroneous, controversial or unpleasant….”This automatically became law and part of the provisions of the Constitution. In this case, whether the minister or the police perceived the story to be “false or unpleasant” it would not make it a criminal offence to justify the arrest and detention of the journalist on charges based on a nullified offence.
The police’s
constitutional mandate is to keep law and order. They cannot claim to be
ignorant of this landmark ruling by the Supreme Court, which is now a
law.And if they are, then by inference, they are not competent to keep
the law because they don’t understand it. The minister too should
restrain herself from stampeding the police into breaking the law and
the Constitution. She also claimed Mayumba Kumi did not exist during Obote’s time but only during the brief Uganda National Liberation Front (UNLF) post-Amin government. First of all, there are distortions in the minister’s claims about Mayumba Kumi.However, regardless of the accuracy of the Daily Monitor story or Minister Karooro’s claims, the substantive issue here is the police’s blatant or deliberate violation of the law and the Constitution.In 2004, the Supreme Court, in the case of Charles Onyango Obbo and Andrew Mwenda versus the Attorney General in Constitutional Appeal No. 2 of 2002, nullified the criminalisation of publication or dissemination of false news under Section 50 of the Penal Code Act.The court ruled that criminalising publication of a false news, rumour or report was an infringement on the freedom of expression.
The court accordingly nullified the impugned section and expunged it from our law books. The court held that “a person’s expression or statement is not precluded from the constitutional protection simply because it is thought by another or others to be false, erroneous, controversial or unpleasant….”This automatically became law and part of the provisions of the Constitution. In this case, whether the minister or the police perceived the story to be “false or unpleasant” it would not make it a criminal offence to justify the arrest and detention of the journalist on charges based on a nullified offence.
The police should therefore discontinue pursuing the journalist over all the purported charges of false news.The police cannot seek refuge under the provisions of the Press and Journalists Act 1995.Any law that is inconsistent with any provision of the Constitution is null and void to the extent of the inconsistence. Given that the Supreme Court ruling on false news became part of the constitutional provisions, no section of the Press and Journalists Act can override it.
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