The ongoing speedy and controversial trial in the High Court of Jackie Uwera is a clear demonstration of the influence and special status enjoyed by Rwandese in Uganda. The accused is facing murder charges involving the death of her husband Juvenal Nsenga. The accused caused death to the deceased inJanuary 2013 when the car she was driving rn over her husband at the gate of their family house in Kampala.The deseased was a son of Donat Kananura – an influential Rwandese tycoon in Uganda. Donat Kananura has a country home at Butogota in Kanungu District. He owns a chain of powerful business entities in Uganda under KENTRACO (U) LTD which he jointly owns with another influencial Rwandese tycoon Faustin Mpundu. He played a major role in the financing of the RPF invasion of Rwandato topple the Hutu doinated regime of Habyarimana.
The deceased fell in love with the accused in Nairobi when she was 17 years (defilement) and they married two years later. She is a Rwandese and a cousin to Angella Kayihura the wife of Museveni’s powerful Rwandese Inspector General of Police, General Kalekyezi Kayihura. Recently Museveni named him as one of his two most trusted cadres (the other one being General Aronda Nyakairima – the Minister of Internal Affairs). When the accused’s car caused the death of husbans, it was a tragedy that engulfed the entire Rwandese community in Uganda. Among them were two big shots at the helm of law enforcement in Uganda.These are the then Director of Public Prosecution (DPP) Richard Buteera and the Inspector General of Police General Kalekyezi Kayihura. Richard Buteera is a relative of the deceased’s father Donat Kananura. He is a cousin to the late Patrick Karegeya who was an Intelligence chief in Rwanda. He was detained by the Obote II government for supporting Museveni’s bush war in the early 80s. When Museveni took over power, he appointed Buteera as the DPP – a position he held for over 24 years. On the other hand General Kalekyezi Kayihura marries the cousin of the accused.
Amidst the tragedy the issue of management of the deceased’s estate arose. The deceased’s family held that the accused widow had murdered their son and they sought to deprive her of the big estate. The deceased’s brother a one Joseph Kananura openly threatened to kill the accused. According to the accused, her brother based in Kigali alerted her about the impending danger from Joseph Kananura. The accused has told court that Joseph posted these threats on Facebook adding that she knew Joseph had a gun that he had ever used before. Because of the influence and rope pulling of the big shots, nobody bothered to investigate the alleged threat. Instead, General Kayihura placed his accused sister in law under special police protection in the dreaded VCCU/RRU headquarters in Kireka Barraks. Kayihura tasked the Deputy Director of Criminal Investigation and Intelligence, Geofrey Musaana to take charge of the accused’s security and overseeing the investigations into the death of the acused’s husband. On the other hand the deceased’s family ganged up with the DPP Richard Buteera to press for murder charges. The police investigations made a finding of a much lesser offence of causing death by a rush and negligent act as the possible criminal charge against the accused. The DPP Richard Buteera objected to the finding and directed that Murder charges be preferred. The Police (Gen. Kayihura) stuck to their guns in order to save the sister in law. At the end of the day, the DPP on behalf of the deceased’s family prevailed over Kayihura and charges of murder were brought against the accused before the High Court.
Museveni was caught between the rock and the hard surface. He has historical connections with the deceased’s family and Buteera on one hand (prosecution) and needed his most trusted cadre Gen Kayihura (defense) on the other. One of the deceased’s brothers (Innocent Bisangwa) is a senior NRA officer. During the bush war Bisangwa hijacked the government plane from Entebbe airport and took it to the NRA liberated zone in the west. The plane and the hostages were only released in exchange of NRA’s Serwanga Lwanga who had been captured by the military junta in Kampala. Since Museveni captured power Bisangwa’s role has never been clear. He featured in an international arms smuggling scandal in the Americas around the early 90s. Most likely, these arms were for the RPF war against the then Rwanda government. Since then Bisangwa’s role has never been specific only that what is clear is that he is always engaged in Museveni’s highly classified international security errands. After sanctioning murder charges against the accused,later Museveni moved Buteera from the DPP and appointed him as one of the Cadre justices of the Court of Appeal.
During the trial, Prosecution has been mindful of IGP Kayihura’s strong hand in the the bid to save his accused sister in law. In this regard it decided to forego ethics of criminal Prosecution by not calling the investigating officer Geofrey Musana as a prosecution witness.Instead it is the defense who called him to testify in favour of the accused. It is a grand norm that criminal proceedings are instituted by the state. The key players in law enforcement (DPP and Police) being part of the state work closely to protect the public against wrong doers by securing a conviction against an accused. A prudent State Prosecutor mindful of the chain of evidence, parades his witnesses in such away that the investigating officer is the last witness to give evidence before the closure of the prosecution case. It has never happened anywhere else other than in Museveni’s Uganda where a police officer in the service of the state leave alone a whole Deputy Director of CID testifies on behalf of the accused!!!!!!!Geofrey Musana was the officer in-charge of torturing and killing suspects during the notorious Operation Wembly – a quality that earned him the current top position. By testifying against the state, Musana was compelled by Kayihura but at the same time he wanted to demonstrate his loyalty to the rotten system. The DPP is overwhelmingly financially supported by the government of the Netherland to build capacity. Such a development is not only embarrassing but a disappointment to their generosity. For Ugandans who are benefiting from the rotting government under Museveni, such a development goes unnoticed.
With these irregularities, during the trial the defense irreparably punched holes into the prosecution case. But even if the accused is acquitted by the High Court, the state(deceased’s family) will appeal to Court of Appeal where Richard Buteera and Nshimiye (both Rwandese and Museveni’s cadre judges) are strategically positioned to overturn the High Court decision. Therefore the music is just starting.
Cry the beloved country! INFORMATION IS POWER.
First posted by Ms. Sarah Narukenge on her Facebook. Read it here