Former Bubulo west county MP Tonny Nsubuga Kipoi, who is troubled with charges related to security has applied for Amnesty denouncing the rebellion against the government for him to enjoy freedom in the country.
Kipoi revealed his Amnesty plan to the General Court Martial chaired by Lt. General Andrew Gutti saying that he is a reformed person who has also applied for Amnesty.
Kipoi’s acceptance and application for Amnesty shocked his lawyers and co-accused because it is the same case that the high court dropped after DPP lost interest in it in 2014.
Prior to his extradition from Botswana in 2018, Kipoi had been charged with treason in the High Court but the Director of Public Prosecutions withdrew the charges in 2014.
The former legislator is currently battling treason charges in the GCM together with six UPDF army officers including Rogers Mweru, Yunus Lemertga, Ifosiga Saidi Dodla, Cassim Adams Mawa, Sergeant Okeng, James Shimali and Yusuf Kiisa who all pleaded not guilty to the offences. Kipoi’s acceptance puts his co-accused at risk of conviction since he has been the prime suspect.
It is alleged that the accused persons (Kipoi & group) committed the offences between 2011 and 2012 in diverse places in Uganda specifically in Kampala, Mpigi, Luwero Entebbe, Fort Portal, Mbale Masaka and Nakasongora districts, that aimed at overthrowing the government of Uganda.
They allegedly organized meetings, mobilized funds; acquired fire arms and military training in the Eastern Democratic Republic of Congo and also mobilized and recruited people into their rank and file.
KIPOI’S PLEA
The suspects pleaded not guilty to the charges. However, on Tuesday afternoon, Kipoi made a U-turn and pleaded guilty to the charges. “Yes I was involved in the activities,” said Kipoi when probed by Lt General Gutti about his application for amnesty.
He told the military court that he has denounced all subversive activities and he is now reformed. Kipoi told court that he had stretched his plans up to Botswana where he was extradited from in 2018.
Lt General Gutti told cautioned Kipoi that if granted amnesty, he can never apply for it again if he violates its terms. According to Section two of the Amnesty Act, Amnesty is only granted to a person who has engaged in actual combat, collaborated with perpetrators of war, committed crimes in furtherance of war or assisted or aided armed rebellion.
Those who qualify for amnesty must have applied for it, reported voluntarily and not captured or under duress. The army prosecutor Lt. Col. Raphael Mugisha asked court for time to allow them to cross check whether or not Kipoi has pending matters elsewhere other than the military court.
He also noted that certain procedures have to be followed including consulting investigating officers before they reply to Kipoi’s request to the military court. As a result, Gen, Gutti adjourned court to May, 27th, 2019 to hear the response from prosecution.
Kipoi’s lawyer Retired Major Ronald Iduli didn’t appear during Tuesday’s sitting. In December last year, Iduli petitioned the Amnesty Commission not accept any amnesty documents from Kipoi, saying he is being coerced by the army, which is illegal.
On October 17th 2018, the High Court dismissed an application by hon Kipoi in attempt to block his trial at the military court on grounds that the GCM had commenced the trial with three prosecution witnesses presented. At the civil division of High Court, Judge Musa Sekaana dismissed Kipoi’s application with costs saying that the trial will delay the determination of the case which would not serve the ends of justice. For comments, call or text us on 0752510225.
