Makindye Court Martial chairman Lt. Gen. Andrew Gutti has Tuesday released former IGP Kale Kayihura on bail, The Tower Post reports.
Kayihura who was arrested in mid-June was charged with failure to protect military gear contrary to the UPDF Act and masterminding a conspiracy to abduct and repatriate Rwandan nationals.
Kayihura is also accused of arming Abdulla Kitatta and a group of other militias who traded under the name Boda Boda 2010. The group was responsible for a chain of murders across the country.
In the bail application, defence argued that the former IGP is a family man in his advanced age (62 years), has knowledge of the law, has never been indicted and is also a high ranking officer.
They also presented Kayihura’s medical records which they said should aid Gen. Gutti’s decision to grant the accused temporary freedom.
These records were however not publically read out as defence lawyers guided that they were not for public consumption.
Kayihura’s bail application was not formally opposed by state although prosecution prayed that court attaches stringent conditions to make sure he doesn’t interfere with investigations and to attend court whenever required.
Kayihura’s lawyers however asked that “reasonable” conditions be attached to the bail contrary to ‘the stringent’ as prayed by prosecution.
“The applicant needs urgent medical attention that might require him to travel abroad. We pray that he be allowed not to deposit his passport,” prosecution submitted.
They further revealed that Kayihura needs to consult with his doctors, one of whom resides in Nairobi and hence would require him to travel outside the country.