The Grade I Magistrate at Mukono has dismissed a petition filed by a private prosecutor Male Mabirizi challenging the ‘shoot to kill orders’ issued by the top security officers in Kampala Metropolitan Area.
Mabirizi who is still a prisoner at Kitalya petitioned court challenging Stephen Tanui, the KMP Commander, Fred Mwesigye, Commander in charge of Tokora operation and Edward Ochom, the then Director of Police operations.
The three were accused of issuing directives to their juniors on June 29, 2022, at Mukono district headquarters to shoot and kill any person suspected of engaging in aggravated robbery without recording their statements or committing them before court.
The orders came after the attack on Spice supermarket located in Mukono days after several robberies which involved death, injuring of innocent residents and stealing of properties happened in various places within the district.
In the petition, Mabirizi filed the complaint on oath against the accused persons seeking for criminal summons from court to enable the accused persons face the charges of derogation and non-derogable rights guaranteed in the constitution.
“The presence of the accused persons in court doesn’t mean that they’ll take plea but that for any step to be taken in their favour or against them, they need to be present in court in fulfilment of their duty to ensure that the due process of the law which is the engine of fair trial is done.” The petition reads in parts.
However, Magistrate Paul Matyama has dismissed the case saying the magistrates court does not have any jurisdiction to hear and determine the application.
“This court does not have jurisdiction to hear and determine applications relating to enforcement or violation of human rights and freedom under article 44 of the constitution.” Mutyana has noted.
Mutyana also added that it cannot even purport to have jurisdictions to consider whether to issue criminal summons or not against the accused persons and neither can it make any other orders or findings arising from the complaint and for that reason court dismisses the application.
Mabirizi has been taken back to Kitalya prison to continue where he is serving a sixteen-month sentence of contempt of court.
Crime Incidents That Prompted the ‘Shoot to Kill Order’
Several cases happened within a period of two months and these included the aggravated robbery of Spice Supermarket, located Mukono Central Division in Mukono Municipality on the 25.06.2022.
The operation conducted on 17th June 2022, were security teams intercepted people carrying suspected stolen items.
A search was conducted at the home of one of the suspects identified as Nauga Reagan and Kalyango John a notorious thug who had physical wounds from gunshots believed to have been sustained during a foiled robbery in Mukono and has since been on the run.
Another incident of child murder occurred in Kayunga district, where a one Suuna Moses Male, of Nakivubi village, Seta Nyize parish, Kangulumira sub-county in Kayunga district, hit Ssekyanzi Ramathan, aged 4 with a blunt object at the back of the head, killing him instantly.
The police and sister security agencies in Mukono, responded to an incident of attempted aggravated robbery at STABEX Petrol Station, along Katosi road, Nakisunga Sub-county, in Mukono district, on the 6.05.2022, at around 2.40am.
The facts gathered reveal that a group of thugs armed with hammers, iron bars and machetes attacked the petrol station and beat up the security guards and pump attendants. And then broke into the office to access the safe but failed to break it.
Another invasion was made on against Goretti Kahasha, a 29-year-old, female cashier at Regal Paints (U) Ltd, on the 25.06.2022, at around 9:30pm, at Canan Site, Estates 11, Namubiru Ward, Mukono Municipality.
Again, on the 30.04. 2022, at around 2am, a group of thugs attacked Seka Energy petrol station in Kayunga.
They attacked and killed a private security guard, identified as Waiswa John aged 36. His colleague Kasonga Suleiman, aged 37, was tied with ropes and found unconscious.
At least five people were murdered in Mukono Municipality and Nakisunga Sub county at the in robbery and suspected domestic violence.
Christine Nakakawa, whose body was discovered in a trench. She was a resident of Jogo, Goma Division of Mukono Municipality, left her home going to shop merchandise for her retail shop.
Two security guards at St Joseph SS in Nakisunga Subcounty were killed by thugs that scaled off the school’s perimeter wall. They first tied three students who were in the reading room. They afterwards pounced on the guards Patrick Kanyankore 52 and Fred Hyuha.
Rashida Nakamoga 22, and her nine months old baby boy Dan Gumikiriza, were also murdered in Kiwanga in Mukono Municipality.