Kampala attack suspects ‘seized by Kenya police’

KAMPALA

Kenyans held in Ugandan jails over the 2010 Kampala bombing were arrested by police in Nairobi, a Uganda court was told on Tuesday.

(VIDEO: Uganda bombing)

State Attorney Patricia Mutesi told the Constitutional Court that contrary to allegations that they were arrested by Ugandan police, they were in fact held and extradited by Kenyan forces.

“It is the Kenyan government that arrested the suspects and handed them over to the Ugandan government. And even if the Kenyan government violated their laws, it is up to them because the Ugandan law does not apply to them,” argued Ms Mutesi.

The 11 suspects allege that Ugandan police extradited them from Kenya and Tanzania without following the due process.

The hearing that began on Monday was fixed last week after the suspects threatened to go on a hunger strike to protest delays in their cases.

According to their lawyer, the case was fixed for hearing after the intervention of senior prison officials.

The 11 were driven to court under tight security and appeared before five judges led by acting Chief Justice Steven Kavuma. The suspects include Messrs Suleiman Hijar Nyamandondo, Muhamed Ali Muhamed, Luyima, Hassan Haruna Luyima, Abubakari Batematyo, Omar Awadh Omar, Mohamed Hamid Agad, Idris Magondu, Yahya Suleiman Mbuthia and Habib Suleiman Njoroge.

Appearing before the Constitutional Court a year since their trial was stopped, the group accused the police and other security agencies of torture and subjecting them to inhuman, degrading acts contrary to the Constitution. They also claim that they lack proper meals and medical treatment.

TORTURE CLAIMS

But Ms Mutesi dismissed the complaints as baseless saying there is no evidence to back their claim. On allegations that police forced them to sign confessions, she countered that the complaints were brought to the wrong court. The suspects were indicted for trial for terrorism, murder, attempted murder and being an accessory to terrorism charges over the July 11, 2010, twin bombing.

The attack left at least 76 people dead and scores injured at Kyadongo Rugby Club in Lugogo and Ethiopian Village in Kabalagala, both in Kampala. The High Court stopped their trial pending determination of the Constitutional petition seeking to challenge their extradition from the countries where they were arrested from.

The lawyers on Monday challenged the legality of the International Crimes Division of the High Court where the suspects are being tried arguing that former Chief Justice Benjamin Odoki did not have the authority to issue the legal notice which established the court.