The army court has released on bail former Babulo West MP Tonny Nsubuga Kipoi and six Uganda Peoples Defence Forces (UPDF) soldiers, accused of plotting to overthrow government.
The soldiers are Sgt. Yunus Lemeriga, Cpl Rogers Mweru, Sgt Adams Mawa, Sgt Albino Okeng and Pte Dodola Ijosiga, all soldiers attached to the armoured brigade in Masaka district.
The General Court Martial (GCM) presided over by Lt. Gen. Andrew Gutti granted Kipoi bail without sureties on the request of defence lawyer Maj. Charles Ssekayita. Kipoi had spent on remand at Luzira Prisons a year and two months.
“In reference to the submissions of the state and prosecution, court directs that the soldier’s bail be re-instated. Kipoi is also free to walk out of the dock,” Gen. Gutti ordered.
Gutti, however, ordered each of the accused to report to the court registrar, John Bizimana every first Thursday of the month.
Court documents indicate that on April 30, court was expected to release Kipoi after the Amnesty Commission granted him amnesty but state prosecutor Lt. Col Raphael Mugisha asked for time to inquire on his amnesty.
However, when the matter came up yesterday, Mugisha asked for time, which fell on the deaf ear of Gutti, who release Kipoi on the request of Capt. Ssekayita.
“I request court to temporarily release Kipoi on bail without sureties because prosecution is delaying his amnesty,” he requested, prompting Kipoi’s release.
Kipoi and his co-accused are battling charges related security before the army court. The offence attracts a maximum sentence of death on conviction.
Prosecution alleges that the accused and others still at large between November 2012 and December 2013 in diverse places of Kampala, Wakiso, Nakasongola, Fort Portal, Ntoroko and Masaka convened meetings to recruit soldiers to jeopardise the security of the country.
Kipoi is also accused of recruiting people in both Uganda and DR Congo to overthrow the Government. He is also alleged to have been a financer for the Allied Democratic Front (ADF) rebel group.
Sofar five witnesses have testified against Kipoi and his co-accused at the army court.
In 2014, Kipoi was granted bail after being granted bail on treason charges, by Justice Lameck Mukasa, Kipoi was re-arrested in February, last year in Botswana on accusations of going around masquerading as a witch doctor and defrauding four female victims of more than 290,000 Pula, about (sh111.6m), between May 2017 and January 20.
In March 2018, he was deported to Uganda through negotiations between Botswana and Ugandan government.
Kipoi has since filed a constitutional Petition challenging the Independence and impartiality of the GCM to try him at the Constitutional Court. “Subjecting me to military law is illegal and unlawful.”
