By Kabuye Ronald
High court judge justice Yasin Nyanzi has declined to grant bail to Mathew Kanyamunyu the executive director of quantum express logistics who is accused of shooting dead a child non government organization worker based in kasese Kenneth Wanton Akena at lugogo in Kampala for scratching his car.
Justice Nyanzi however granted a cash bail of five millions to each of the two of his co accused that’s his brother Joseph Kanyamunyu and girl friend Cynthia Munwangari and all the four sureties bonded at 50 million shillings non cash
The duo has also been instructed to report to the criminal division of the high court’ registrar every after 15 days in a month for the first three months and incase the hearing of this case is not cause listed in the same period then they will do it once in a month.
They have also been curtailed from travelling out of the country and their passport deposited in court.
The trio’ lawyers led by Caleb Alaaka and Evan Ocheng argued that their clients cannot be denied bail which is a temporary liberty as they wait for the trial of their case to kick off yet liberty is next to life just because the state wishes so.
However, the state led by immaculate Angutoko told court that they would prefer court to order for expeditious trial rather than granting the accused bail.
She also emphasized that having tenant agreement and payment receipt cannot amount to having a fixed place of abode by the accused adding that the accused didn’t provide any exceptional circumstances.
She also alluded to the fact of Cynthia being a non citizen since she holds Burundian and Rwandan passport hence higher chances for her to abscond from court hearing.
The applicant’ lawyers in rebuttal regarded exceptional circumstances as unnecessary since they are just mere guidelines to securing bail.
On their clients being tenants, the judge advised that if one of the sureties has a land title they should deposit it in court thus a deposit of 25.6 hectares leasehold title in names of James Arthur Kanyamunyu at Buhweju Lwewe
Some of the secureties assembled before court included Merrian Ssebunya managing director BTC clearing and forwarding, Patience Kaijuka General manager Kagere Investments, Kanyamunyu Julius Edward a Business Development specialist at UNRA and Hon. Gasatura Kainangana Lwentooro Preparatory school chairperson board of directors.
The judge as now set the 30th of this month as a date he will deliver a detailed ruling on the same.
Mathew Kanyamunyu is accused of murder while his girlfriend Cynthia munwangari and his brother Joseph Kanyamunyu are accused of being accessories after the murder
It’s important to note that this was the second time they were applying for bail after the first one before justice Elizabeth Kabanda flopping in January this year