Mwenda charged with sedition

The managing director of the Independent Publications Ltd, Andrew Mwenda, has been charged with alleged sedition by publishing an alarming article in the Independent Magazine against the Uganda Peoples Defense Forces.

He has been charged jointly with journalists of the same publication, John Njoroge and OdogoCharles Bichachi. The trio appeared before Buganda Road court magistrate, Francis Matenga while state attorney, Kate Basuuta led prosecution.

Prosecution alleges that the three accused in issue 10 of the Independent magazine of April and May this year with an intent to bring disaffection against the Uganda government with the following words.

‘” Who maimed, killed civilians in Northern Uganda.....The men who walked themselves straight into the UPDF ambush were not LRA at all…… they were UPDF soldiers and members of the 77 th batallion according to Masaba.

The article further states that The ill fate 77 th battalion was composed of former LRA rebels who were demanding huge salary arrears… the higher ups decided to kill them and eat their salaries.

Mwenda and his co-accused denied the charge after which they defense lawyer, Bob Kasango applied for their release on bail. Kasango explained that Mwenda's sureties were Henry Kaijuka, former World bank director and Margaret Muhanga, Woman MP for Kabarole.

The lawyer said Njoroge's sureties were Henry Kaijuka and Margaret Muhanga, the biological sister of Mwenda. Kasango told court that Bichachi.s sureties were, John Wanyama,, an employee with the Christian University and Wafula Oguttu, FDC spokesman.

However, Kasango asked court to indefinitely adjourn the case proceeding against his client. He explained that court had no jurisdiction to prosecute the accused because of a pending petition filed before the Constitutional court by Mwenda in the year, 2005

He explained that the petition challenges the constitutionality of the sedition law. Kasongo said Buganda Road court can only prosecute the accused after the Constitutional court will have determined the petition challenging the constitutionality of the sedition law.

Kasango wondered why the director of public prosecution continues preferring sedition charges against some citizens when he is aware of the pending petition against the sedition law.

The presiding magistrate, Matenga released each of the accused on a non cash bond of 5 million Shillings. He ordered each of the sureties to execute a non cash bond of 10 million Shillings

Matenga said court will on May 23 rule whether or not to indefinitely stay the case proceedings against the three men pending completion of the anti-sedition petition before the constitutional court

The three accused will re-appear before Buganda road court on the same date for mention of the case against them