Police Officer Nixon Agasirwe Denied Bail

2375 Views Kampala, Uganda

In short
The Chairman of the General Court Martial Lt Gen Guti based his ruling on the failure by two of the sureties to present a letter of clearance from the Inspector General of Police in line with the provisions of the Police standing orders.

The General Court Martial has dismissed a bail application by Nixon Agasirwe, the former head of the Special Operations Unit in Uganda Police Force.  The court ruled that his freedom would interfere with ongoing investigations on charges against him.

Agasirwe had earlier asked the court to release him on bail as a constitutional right.

After almost two months of waiting for the ruling, the chairman of the Court Martial Lt Gen Andrew Guti ruled that the accused cannot be released on bail given his ranking in police which could aid him to interfere in investigations.

Lt Gen Guti also based his ruling on the failure by two of the sureties to present a letter of clearance from the Inspector General of Police in line with provisions of the Police standing orders. The two sureties Andrew Kaggwa and Fortune Habyara are serving police officers.

"The sureties were not substantial since they never presented any letter from the Inspector General of Police allowing them to stand surety for the accused," Lt Gen Guti said while reading the ruling.

Agasirwe is facing trial for the alleged kidnap and repatriation of two Rwandan Nationals about five years ago.  He is charged alongside Joel Aguma the former Commandant Professional Standards Unit, Faisal Katende, an operative of the Flying Squad, Sgt Abel Tumukunde also of Flying Squad, James Magada who works with Crime Intelligence, Amon Kwarisima, Rene Rutagungira, a Rwandan National and Bahati Mugenga a Congolese National.

Two of the suspects; Katende and Magada have already been released on bail.  Aguma was two months ago denied bail on grounds that if released he had the power to influence the court case and also that the Inspector General of police has not cleared Atwooki Ndahura the Director Crime Intelligence to stand surety for him.

The nine are accused of kidnapping Lt Joel Mutabazi, a former bodyguard to Rwandan president Paul Kagame and Jackson Kalemera and repatriating them to Rwanda. Mutabaazi was later arraigned in court, accused of terrorism, setting up an armed group, spreading rumours with the intention of inciting the public to rise up against the state, murder, crimes against the state, illegal possession of a firearm and deserting the military.

He was later sentenced to life in prison and stripped of his military ranks by the Military High Court in Rwanda.

Agasirwe has already petitioned the High Court Civil division contesting the jurisdiction of the Court-martial in trying him.


About the author

Dear Jeanne
Dear Jeanne is a URN journalist based in Kampala. Jeanne has been a URN staff member since 2014.

Jeanne started out as a political and crime reporter for NBS television in 2010. She went on to become a news director at the station before leaving in 2012 to join The Daily Monitor as an investigative reporter in 2012.

Jeanne is ambitious to improve her investigative reporting skills. Jeanne’s focus for much of her five year career has been to report on crime and security.