Hajji Abdu Kiyimba and his son, Hamuza Kiyimba, both residents of Kyengera in Wakiso District, were charged on Monday with incitement to violence following the disturbance at Gaddafi National Mosque in Kampala on Friday last week.
The Law Development Centre Court in Kampala convened before Grade One Magistrate Martins Kirya, where the accused, amidst a heavily guarded courtroom, denied the charges presented against them.
The court proceedings revealed that on November 24th, 2023, at Gaddafi Mosque in Kampala, Abdul Kiyimba, the former LC III chairperson of Kyengera Town Council, allegedly threatened Zziwa Ashiraf with intent to intimidate or cause annoyance, indicating a desire to cause harm.
Additionally, the prosecution accused both individuals of inciting violence against Sheikh Shaban Ramathan Mubaje, the Mufti of Uganda during the Juma Prayers, allegedly shouting phrases like “Where is Mubaje? I want Mubaje,” while advancing towards him, potentially instigating the congregated individuals to turn hostile against him for purportedly selling Muslim properties.
The accused parties, represented by their legal counsel Swabur Marzuq Abdul, vehemently denied the charges and sought bail. Abdul cited the innocence of his clients, the advanced age and community responsibilities of Abdul Kiyimba, his ill-health, and substantial sureties as grounds for their release. However, the prosecution opposed the bail application, fearing potential interference with ongoing investigations.
In his ruling, Magistrate Kirya granted bail to the accused, stipulating a cash payment of 1 million shillings each. He cautioned them to maintain peace while on bail, warning of the possibility of bail cancellation in case of non-compliance. Furthermore, the court directed the accused to refrain from accessing Gaddafi Mosque unless for prayer purposes, emphasizing peace as a priority.
Hamuza Kiyimba received bail based on his nearing graduation, presumed innocence, lack of previous offenses, and presentation of influential close family members as substantial sureties, ensuring his return to court. The case has been adjourned to January 29, 2024, for further mention. Kiyimba’s legal issues trace back to his involvement in protesting an order issued on November 16th, 2023, by Commercial Court Registrar Catherine Agwero.
The order authorized businessman Justus Kyabahwa to sell eight properties belonging to the Uganda Muslim Supreme Council (UMSC) to recover 18.9 billion shillings. This conflict emerged from a dispute regarding compensation for land known as Ranch 31 A in Ssembabule District, where Kyabahwa, without UMSC’s consent, employed individuals to evict squatters, leading to legal action against UMSC by the affected parties.
UMSC expressed dissatisfaction with the judgments, alleging unfavorable outcomes and property attachment amid pending appeals. Kiyimba’s arrest occurred during a protest against the sale of Muslim properties, following a contested land transaction, where he sought redress for what he deemed an unfair transaction.
The protests were directed at Sheikh Shaban Ramathan Mubajje, the Mufti of Uganda, and UMSC leadership, holding them accountable for the impending auction of Muslim community properties within 30 days.
