By Witness Radio team
The Magistrate Court in Kiryandongo District has granted bail to the two (2) community land rights defenders and eight (8) farmers of Nyamutende village, Kibeka Parish, Kiryandongo sub-county in Kiryandongo District who were charged with three counts of threatening violence.
All the ten accused were released on a non-cash bail of 500,000 UGX equivalent to 135.4 USD, while the sureties were conditioned with 2,000,000 Million Uganda shillings (541.6 USD) non-cash. The defense lawyers presented 12 sureties.
The two community defenders and eight farmers had spent 13 days on remand at Kigumba prison. On 8th February 2023, the District Police Commander (DPC) Muhangi Edson invaded homes in the wee hours and violently arrested two land rights defenders and ten farmers plus two minors. The minors were later released from Kiryandongo police cells.
Among the persons granted bail include Mulekwa David and Mulenga Jackson (community land rights defenders). At the same time, local farmers released are Kanunu Innocent, Musabe Steven, Munyankole Enock, Lokong Gabriel, Ntambala Geoffrey, Kagenyi Steven, Mukombozi Frank, and Kuzara Frank.
On 09th/02/2023, the ten (10) were charged by the Magistrate Court in Kiryandongo with three counts of threatening violence, and all entered a plea of not guilty. Threatening violence takes a punishment of four years imprisonment upon conviction.
The prosecution alleges that the victims on 01/02/2023 threatened to injure, assault, or kill Wakoko Robert, Kilenda David, and Kato Francis. The trio is a laborer of Somdium Limited, which is forcefully evicting locals off their land without compensation, and resettlement.
The prosecution led two other witnesses totaling five namely the investigative officer of Kiryandongo police Businge Patrick, and Balute Isaac, the Somdiam Company Limited manager.
Before the bail was granted, the prosecution first claimed that they were not served with documents of the sureties despite the defendants’ lawyers having proof. This forced the defendant’s lawyers to ask for leave of court to settle the matter.
The prosecution further told the Court, in their reply submission that the sureties were not substantial, asking for the court not to grant them bail.
The defendant’s lawyers submitted their rejoinder which was relied on by the magistrate to give the accused bail stating that the sureties are substantial and the case is bailable.
The imprisonment of the community defenders and farmers came after their continued resistance to leave their land which accommodates over 1000 homesteads.
According to information gathered by Witness Radio Uganda, Somdiam Company Limited was incorporated in Uganda in 2011 and deals in imports of assorted food commodities among these are rice, sugar, vegetable cooking oil, biscuits, salt, tomato paste, powdered milk, pasta & spaghetti and are well established with professional operations is interested in growing sugar canes in Kiryandongo district.
The Court was adjourned to the 21st of March 2023 at 9:00 am East African Standard time.
