Eleven suspects of the July 2010 bombing in Kampala have asked the Constitutional Court to temporarily stay its earlier orders of having their file sent back to the High Court to stand trial over their alleged terror attacks. In their application for interim orders, the suspects claim to be dissatisfied with the earlier Constitutional Court ruling for which they say they have appealed against the same before the Supreme Court.
In their application for interim orders, the suspects claim to be dissatisfied with the earlier Constitutional Court ruling for which they say they have appealed against the same before the Supreme Court.
They reason that if the Constitutional Court does not stay the implementation of its own earlier orders of having them tried by the high court, their appeal before the Supreme Court which they say has triable issues; will be rendered useless (legally referred to as nugatory).
On October 22, 2014, five Justices of the Constitutional Court unanimously dismissed the petition in which the suspects were seeking to halt their trial before the high.
They were challenging the manner in which they were extradited from their countries of Kenya and Tanzania without following a court order.
To that effect, the justices among others ordered that their file be sent back to the high court to have their trial that had stalled for some time resume.
But when the high court on January 21 this year reconvened to resume trying the suspects following the Constitutional Court's orders, the suspects through their lawyers asked court to halt the proceedings.
They argued that they had lodged a notice of appeal before the Supreme Court with the hope of over-turning the Constitutional Court's judgment and orders.
However, presiding judge Alphonse Owiny-Dollo down played their prayers, reasoning that he had not received any other orders from a superior court ordering him to stay their trial.
He instead went ahead to set March 17 to resume hearing their case as earlier directed by the Constitutional Court.
By press time, the registrar of the Constitutional Court had not set a hearing date for the interim application of the suspects.
The suspects who are currently on remand at Luzira prison include; Hussein Hassan Agade, Idris Magondu, Mohamed Adan Abdou, Omar Awadh Omar, Mohammed Hamid Suleiman, Yahaya Suleiman Mbuthia, Suleiman Njoroge, Isa Ahmed Luyima, Hassan Huruna Luyima, Sulaiman Hijjir Nyamandondo and Abubakari Batematyo.
They face charges of terrorism, murder, attempted murder and being an accessory to terrorism in regard to the July 11, 2010 Kampala twin bombing that left at least 76 people dead and scores injured at Kyadondo Rugby Club in Lugogo and the Ethiopian Village restaurant in Kabalagala, both in Kampala.
The attacks were directed at the football fans who were watching the 2010 world cup finals between Spain and Holland.