In a landmark decision, the General Court Martial has withdrawn all criminal charges against former Inspector General of Police-IGP General Kale Kayihura. The charges, which included failure to protect war materials, failure to supervise police officers, and abetting kidnapping, were officially withdrawn on Wednesday before a seven-member panel led by Brigadier General Freeman Robert Mugabe.
On August 24, 2018, Kayihura made his initial appearance before the seven-member panel of the UPDF General Court Martial, presided over by then Chairman, Lt. General Andrew Gutti. Kayihura’s journey to court had begun with a dramatic arrest from his rural home in Kashagama, Lyantonde District, followed by an airlift to Kampala.
The prosecution had alleged that between 2010 and 2018, Kayihura issued firearms to unauthorized individuals, specifically members of an organization known as Boda-boda 2010, led by Abdullah Kitatta. Kitatta has since been convicted of the same crimes and served his sentence. His group was accused of disrupting opposition rallies in various parts of the country.
Furthermore, the prosecution alleged that Kayihura, through both action and neglect, facilitated subordinate police officers’ efforts to kidnap and illegally repatriate Rwandan exiles, refugees, and Ugandan citizens to Rwanda.
In addition, Kayihura was charged with failing to supervise and ensure accountability for firearms and ammunition issued to specialized police units such as the Flying Squad Unit, Crime Intelligence and Special Operations Unit, and Witness Protection Unit.
However, when the case was called up on Wednesday, the prosecution, led by Lt Col Raphael Mugisha and Private Regina Nanzala, announced that they had been instructed to withdraw the charges against Kayihura. The withdrawal document, signed by the Director of Prosecutions in the army, was presented before the court, leaving Brigadier Freeman with no option but to acquit Kayihura.
Expressing his gratitude, Kayihura, who appeared in court in a black suit without his legal team, thanked President Yoweri Kaguta Museveni, his friends, and supporters for standing by him throughout his ordeal.
Having been retired from the army just two months prior, Kayihura left the court a free man, chanting slogans of freedom and maintaining that he had never lost confidence despite the prolonged legal battle.In 2021 during the presidential campaigns in Kisoro District, NRM led by Kisoro District LCV Chairperson, Abel Bizimana asked Museveni to pardon Kayihura.
In his response, Museveni said Kayihura was their person as the National Resistance Movement and promised to talk to UPDF prosecutors and have him forgiven.
Michael Niyonsaba, the Kisoro District NRM Youth Coordinator said that Kayihura started many projects in Kisoro that employed several youths and had since stalled since his movements were restricted to Kampala and Wakiso districts as part of his bail condition set by the Court-martial.
Although the case against Kayihura had stalled immediately when he was charged and given bail, he has been reporting to court Registrar Col John Bizimana on a monthly basis as ordered by General Gutti.
