Lt Gen Henry Tumukunde has finally been granted bail by the High court Judge, Wilson Kwesiga.
Justice Kwesiga reviewed his earlier decision and approved Tumukunde’s wife Stellah Tumukunde, brother-in-law, Hannington Karuhanga and family friend Matthew Rukikaire as his substantial sureties.
Justice Kwesiga has ordered Tumukunde to sign Shs50 million non-cash bail, deposit his passport in court and his sureties to each execute a non-cash bond of Shs50 million.
On April 14th, 2020, Justice Wilson Kwesiga had refused to grant bail to Gen. Tumukunde, saying he needed to present at least two sureties who are above his rank and still serving in the army.
But through his lawyers led by Anthony Wameli and Geoffrey Turyamusiima, Gen. Tumukunde says it’s practically impossible to get bail given the conditions spelt out by court.
The lawyers added that they can’t secure the required sureties since the suspect retired from the army.
On the issue of investigations, the lawyers contend that police hasn’t been affected in any way by the lockdown since they are considered essential service providers. The Judge had previously directed police to do investigations within 30 days saying that they had been affected by the lockdown.
They also argue that there is a likelihood of government extending the lockdown given the confirmation of new Covid-19 cases. The team which has since been joined by McDusman Kabega also argues that the World Health Organization has advised countries to extend the lockdown up to December, 2020 to be on a safer side. To prove that their client will abide by the bail terms, they have attached the title of Tumukunde’s house in Kololo.
They also note that his three sureties including his wife, family friend Matthew Rukikaire and brother Hanninngton Karuhanga are substantial. Justice Kwesiga directed all parties to file written submissions on the new application within this week so that he delivers his ruling on May 11th, 2020.
Tumukunde has spent 6 weeks on remand at Luzira prison on charges of unlawful possession of guns, ammunition and treason.
