Gawaya Tegulle:CHARGE GEN. KAYIHURA – OR RELEASE HIM

I am amazed – and very disturbed – that Ugandans are very happily celebrating the detention of former Inspector General of Police (IGP), Gen. Kale Kayihura, beyond the constitutionally allowed limit of 48 hours.

Even an entire House of Representatives shouted down those who protested his now illegal detention, saying that he, Gen. Kayihura, must enjoy a taste of his own medicine. Sad; very sad.

When Gen. Kayihura was arrested and detained, it showed that no one was or is above the law. Very good. But once he was detained, then Government had a duty to Gen. Kayihura – to observe his rights as any other accused person. If Government was unable to produce him in court after 48 hours, they had a legal and constitutional duty to release him on police bond. Equality before and under the law means that even when the case is “sensitive”, the accused person enjoys the right to a fair trial like any other person. There are no exceptions to Article 21.

At the very least, they could have arraigned him in court, had him take plea and then allow the court to either remand him or grant him bail, no matter how stringent the terms. This is how things are done in civilized places.

I am amazed – and very disturbed – that the general public is not protesting the illegal treatment of Gen. Kayihura; and many are judging him and passing a guilty sentence, even before the man has been arraigned before a court of law. Gen. Kayihura’s presumption to innocence has been conveniently swept under the table, as though we are North Korea, or one of the Taleban republics.

This is not history being made; it is the character of a nation being revealed and made manifest – that we are a people inconsistent, unstable and, I think, evil.

Vengeance, for those who seek it, belongs to the Lord. Our duty is to follow the law as laid down, and diligently pursue justice. This nation has a duty to Gen. Kayihura and to justice, to treat the soldier-cop right and well. That duty is sacrosanct and cannot be negated under any circumstances.
I am amazed – and very disturbed – that Government, with the connivance of society is punishing a man, without giving him a chance to be heard at all.

This is not right. This is not what our children should see happening. This is not the kind of lesson our children should learn – that the Constitution and every statute under it have all been set aside and a man presumed innocent by the law is in jail, in complete disregard of due process.

Where is the Uganda Law Society in all this? Where are the human rights lawyers?

Let us “do what is right and good in the sight of the Lord” – and the law. (Deuteronomy 6:18).