David Mpanga, one of Kizza Besigye’s lawyers says he will go ahead and pursue the application before Kasangati magistrates court despite the earlier orders by the Inspector General of Police Gen Kale Kayihura to order the withdraw of the police from his residence.
According to lawyer Mpanga, the orders of the IGP to withdraw security from Besigye’s home that had camped there since the announcement of the presidential results on February 20 could be a temporal measure.
He adds that it’s better to secure a court order permanently kicking the security from Besigye’s Kasangati residence than just to rely on the orders of IGP that are not reliable.
Earlier in the day, High Court judge Elizabeth Kabanda ordered Besigye’s file to be sent back to Kasangati magistrates’ court and be expeditiously heard. Justice Kabanda noted that Besigye has been illegally detained beyond the 48 hours that a suspect should be produced before court and charged if he/she has any charges.
Besigye is seeking to have the security that had camped and barracked his the routes to his home kicked out saying his home is not a lawful detention center. On the issue of why Besigye’s file was recently sent to High Court for review, the judge said the error was minor and was corrected hence the file should be sent back.
The DPP was challenging the move by magistrate Prosy Katushabe to dismiss the file at 9am when the concerned parties were not present in court but at 10am when the parties appeared, she went ahead and heard the file.
The DPP had argued that the magistrate had become functus officio the moment she dismissed the file and could not hear it again.
At the time of filing this story, Kasangati court was yet to fix a hearing date.