High Court in Kampala has today directed police and army officers deployed at the former presidential candidate Robert Kyagulanyi Ssentamu to vacate his residence in Magere with immediate effect

In a stern judgment given by the head of the civil division high court Justice Elubu Micheal he states that both Kyagulanyi and his wife are being detained illegally which is a violation of their human rights.

“The continued indefinite restriction and confinement of the applicant (Kyagulanyi) in his home is unlawful and as the result, his personal liberty has been infringed,” the Elubu ruled.

Justice Ekubu also directed that Kyagulanyi and his wife Barbie Itungo be given access to free movement immediately.

The Justice further explained that should there be credible evidence pinning the applicant-Kyagulanyi to any sort of crime,then he should be presented before the courts of law and charged.

“These are all serious allegations of grave offenses and it would be proper to follow the due process of the law in regards all the allegations made against the applicant. The due process has been defined as conducting criminal proceedings against the applicant.”

The court has however directed that Kyagulanyi to follow the Coronavirus guidelines put in place by the government and the Ministry of Health.

This pronouncement comes after City lawyers joined hands last week and petitioned the civil division high court headed by  Justice Michael Elubu on the unconstitutional arrest of Bobi wine at his home which is not a gazetted area for arrests.

His lawyers led by the outspoken city lawyer Medard Lubega Ssenoga told the court today that Kyagulanyi and his wife Barbie Itungu are in illegal detention at their home in Magere Gayaza Wakiso District which is an ungazzeted place for detention.

Court heard from Martin Mwambustya who represented the police director of operations Edward Ochom and the UPDF chief legal officer Gordon Busingye and they maintained that Kyagulanyi and his wife were only being given security and limiting movements for misconduct.

The state had argued that the confinement was meant to stop him from instigating riots in protest of the outcome of the elections but also to prevent him from breaking the law when he organizes processions to violate the Coronavirus guidelines put in place by the government.

Justice Elubu meanwhile ordered the government to pay costs to Kyagulanyi.