Kawenza release order
Makindye Court Grade One Magistrate Irene Nambatya has ordered the unconditional release of novelist and political activist Kakwenza Rukira_Bashaija’s from police custody.
Kakwenza was arrested on December 28th 2021 from his home in Kisaasi, Nakawa Division after plain clothed officers armed with guns, driving in UBE 894M and UBH 163U broke into his home. He has since been in detention at the Bukoto Crime Intelligence facility.
Kakwenza was released following a petition filed by his lawyers from Kiiza and Mugisha Company Advocates to the Makindye Magistrate Court over injustice meted on his client, following a one week illegal detention without access to his lawyers, family and friends.
Kawenza release order
In the application that lists the Attorney General as a respondent, the lawyers say Kakwenza was arrested unlawfully and violently by a team of armed joint operatives plain clothed operatives.
Eron Kiiza ,his lawyer also contends that they came across a tweet from Gen Kainerugaba the UPDF Commander Land Forces on December 29,2021 at 12:00 pm revealing his plans to arrest of Kakwenza as a deterrent to all those who think they can abuse him on social media.
He says that it is against this background that they opted to petition the Makindye Magistrate Court seeking for redress.
Kiiza also says that his client has been tortured while in custody leading to his need for urgent medication.
“He is urinating blood. He has swollen legs. He is clearly tortured. He needs urgent medication and counselling,” Kiiza said.
In her response ,her Worship Nmbatya said in the court order; “ It is hereby ordered that the applicant be unconditionally released from police custody. Every police officer should comply with the above order and no order as to costs,” She directed.
On Monday, the Spokesperson for the Criminal Investigations Directorate (CID) Charles Twine revealed that Kawenza was arrested for offensive communication under the Computer Misuse Act.
Twine says Kakwenza used his twitter handle to hurl insults at the President Yoweri Kaguta Museveni and his son, the commander Land forces, Lt Gen Muhoozi Kainerugaba between December 23, 2021 and December 26, 2021.
Twine also defended detaining Kakwenza beyond 48 hours saying it is mandated in the Constitution. He said they would have processed Kakwenza’s file in time, but they were delayed by the festive season.
“Article 43 of the Constitution has limitation to rights, many people haven’t been in office due to the festive season. He will be taken to court tomorrow (Tuesday),” Twiine said.
According to Section 25 of the Computer Misuse Act 2011 on offensive communication, “Any person who wilfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable on conviction to a fine not exceeding 24 currency points or imprisonment not exceeding one year or both”.
Compiled by Rashidah Nakaayi
