Security personnel check a vehicle that was headed for Magere in Wakiso District, the home of former National Unity Platform presidential candidate Robert Kyagulanyi. Court yesterday ordered security personnel to leave the politician’s home, 12 days after they besieged his residence. PHOTO/ABUBAKER LUBOWA.
By last evening, police and the army were still deployed at the residence of former presidential candidate Robert Kyagulanyi, alias Bobi Wine, in Magere Village, Kasangati Town Council, Wakiso District, despite court earlier ordering them to leave his home immediately.
Instead, military and police deployments had been reinforced and checkpoints on the road to his residence had also been increased from two to four when Daily Monitor went to Magere at about 9:30am.
By 2pm when Daily Monitor left the area, there were four roadblocks manned by police and the army on Magere road off Gayaza-Kampala road.
Two cars carrying journalists were stopped at the second roadblock and ordered to go back. Many cars heading to or returning from Magere were thoroughly checked.
Mr
Kyagulanyi told Daily Monitor by telephone last evening that his home
was still under heavy deployment, hours after the court ordered security
forces to leave.
“The situation at my place is still the same and
police have not left. We know they are still waiting for the order from
‘above’ as they have always waited for Museveni to tell them [what to
do],” he said.
After the court ruling yesterday, police spokesperson Fred Enanga said they would abide by the orders and vacate Mr Kyagulanyi’s home.
Yesterday morning, the High Court ruled that Mr Kyagulanyi’s continued confinement at his residence is illegal.
The
runner up in the January 14 presidential elections has been under house
arrest since voting day. Nobody is allowed to leave or enter the home.
Last
week, Mr Kyagulanyi and his wife Barbara Itungo through their lawyers
petitioned the High Court to declare the security siege illegal. In his
ruling yesterday, Justice Michael Elubu said: “Having found, as I do,
that the restrictions imposed on the applicant are unlawful, it is
hereby ordered that they are lifted. Consequently, an order for the
restoration of the personal liberty of the applicant is hereby issued,”
the judge added.

Military Police stop people on Magere Road that leads to Mr Robert Kyagulanyi’s residence in Kasangati Town Council, Wakiso District, January 25, 2021. PHOTO/ABUBAKER LUBOWA.
Costs of the suit
He
ordered government to pay Mr Kyagulanyi costs of the petition. Court
further ordered government to restore Ms Itungo’s liberty.
“The
application states that Barbara Kyagulanyi Itungo (second applicant) is
indeed restricted and prays for appropriate orders. The respondent
(Attorney General/government) denies any such restrictions. In view of
the above, this court hereby issues an order for the immediate
restoration of Barbara Kyagulanyi Itungo’s full personal liberty,” the
judge ruled.
The couple had sued the Attorney General, the Chief of
Defence Forces (CDF) and the Inspector General of Police (IGP). In
response in court, the director of police operations, Mr Edward Ochom,
had argued that police was simply giving Mr Kyagulanyi “necessary
protection.”
He also argued that Mr Kyagulanyi organised processions
and addressed gatherings, which could spread Covid-19. The State also
claimed Mr Kyagulanyi was training NUP members to start riots and
sustain an insurrection to remove government.
The judge observed that the above statements were an inadvertent admission that Mr Kyagulanyi’s movements had indeed been restrained.
Justice Elubu also rejected the State’s argument that Section 24 of the same Act empowers police to arrest any person they suspect is about to commit a crime. “It cannot properly be said that Section 24 would apply here as stated by the respondent (AG) in their submissions. Firstly, the 3rd respondent (police) states the applicant is not under arrest. Secondly, if he was, then he would have immediately been dispatched to a police station or produced before a magistrate,” the judge observed
He said if indeed this was a preventive arrest, Mr Kyagulanyi would have been formally detained at a police station or produced before a magistrate.
Background
In October 2011,
Kasangati Magistrates’ Court ordered security forces to vacate the
residence of Dr Kizza Besigye, who had contested against President
Museveni in the presidential election. The security forces had laid
siege on Dr Besigye’s home for a week. In 2016, Kasangati Grade One
Magistrate Jessica Chemery also declared that his confinement at his
home was unlawful.
Compiled by Juliet Kigongo, Derrick Wandera & Anthony Wesaka