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DPP withdraws violence charges against Hajj Kiyimba and son

Abdul Kiyimba (R) and his son Hamuza Kiyimba in court

Abdul Kiyimba (R) and his son Hamuza Kiyimba in court

The director of public prosecutions (DPP) Jane Frances Abodo has withdrawn charges of inciting violence against businessman-cum politician Abdul Kiyimba and his son, Hamuza Kiyimba before the Law Development Center Court.

The allegations against Kiyimba, the former mayor of Kyengera town council were that on November 24, 2023, at Gadaffi Mosque in Old Kampala, Kampala district, with the intent to intimidate and annoy, threatened to kill or injure Ashiraf Zziwa and officials of Uganda Muslim Supreme Council (UMSC).

It was also alleged that on the same day, Kiyimba and his son incited violence against the Mufti Sheikh Shaban Ramathan Mubajje during the Juma prayers at Old Kampala Mosque. At that time, the prosecution indicated that Kiyimba did this by shouting or mentioning the words "Where is Mubajje? I want Mubajje" while advancing towards him (Mubajje) so that the Muslim congregations who were for prayers to rise and attack him for having allegedly sold Muslim land.

As a result, Kiyimba and his son were arrested and charged with the cited crimes before they got released on bail after pleading innocence. Last week when the matter came up for hearing before grade one magistrate Martins Kirya, state attorney Maureen Tusiime informed the court that the DPP had signed a document withdrawing the charges against Kiyimba and his son.

“The DPP wishes to withdraw charges of threatening violence and inciting violence against A1 Abdul Kiyimba and A2 Hamuza Kiyimba. I pray to tend in the said nolle prosequi withdrawing the two charges of threatening violence and inciting violence,” said Tusiime.

Consequently, the magistrate was left with no choice but to endorse the withdrawal and go ahead to set Kiyimba and his son free unless held on other charges. He also ordered that each be given a refund of their bail monies worth Shs 1 million. Kiyimba’s troubles stemmed from his alleged involvement in protesting the November 16, 2023 order by the Commercial court registrar Catherine Agwero in which she authorized businessman Justus Kyabahwa, to sell eight properties belonging to UMSC to recover the Shs 18.9 billion debt.    

Kyabahwa sought compensation for land in Ssembabule district. According to the sale agreement, Kyabahwa had paid Shs 3.5 billion to UMSC for the property. However, a dispute arose when Kyabahwa employed individuals without UMSC’s knowledge to forcefully evict squatters from the land, leading to destruction and subsequent legal action against UMSC by the squatters, a case still awaiting final judgment.

As a result, in June 2023, Kyabahwa sued UMSC, demanding Shs 18.9 million in compensation, a move that UMSC says deprived them of an opportunity to defend itself adequately. Despite expressing dissatisfaction and initiating an appeal, UMSC says it faced rapid and unfavourable judgments from the High court, allowing execution orders to attach their properties for debt recovery within 30 days, even amidst pending appeals at the Court of Appeal.

Kiyimba was then arrested by the security personnel who were deployed at the Old Kampala Mosque as he and other people were protesting an advert for the sale of Muslim property where Kyabahwa wanted to recover his money following the 'fake' land transaction. President Yoweri Kaguta Museveni intervened and stopped the attachment, saying reason in this case, common sense and reasoning had to prevail over legality.

Comments   

0 #1 WADADA rogers 2024-06-10 10:44
I have said it before and i will say it again, so long as the Office of the DPP allows itself to be used as a too of suppression by the ruling government in conjunctions with their allies, Ugandans and the international community will never have trust in the criminal justice system.

They have kept in the habit of sanctioning files and then they realise they do not have evidence to pin the accused hence occasioning a miscarriage of justice,
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