The Highcourt in Kampala has today Monday morning ordered the immediate restoration of National Unity Platform’s (NUP) President, Robert Kyagulanyi’s personal freedoms citing that the continued stay of security agencies in and around his home is illegal.
The court ruling comes after NUP lawyers ran to court to demand that court helps him regain his freedom after the army had transformed his home into an illegal prison preventing anyone including lawyers and diplomats from visiting him.
Kyagulanyi has been in illegal detention since January 14 when he had finished casting his ballot, for which he was among the presidential contestants. EC declared him second after Museveni but Kyagulanyi and many others have described the poll as highly flaudulent.
The High Court Judge, Micheal Elubu in his ruling noted that continued confinement of Kyagulanyi and his wife Barbie Itungo is a violation of Human Rights and that they should attain their peace with immediate affect.
“The continued indefinite restriction and confinement of the applicant (Kyagulanyi) in his home is unlawful and in the result his personal liberty been infringed,” ruled Elubu.
However, on allegations by the state that kyagulanyi was preventively arrested over his intended move to instigate riots, Justice Elubu noted there is no evidence to justify this citing that if available, Kyagulanyi should be arraigned before court and charged other than basing on just speculations.
“These are all serious allegations of grave offences and it would be proper to follow the due process of the law in regards to all the allegations made against the applicant. The due process has been defined as conducting criminal proceedings against the applicant,” he said.
Justice Elubu has also immediately restored the right to restricted movements to Barbra Itungo , wife to Kyagulanyi and that the Attorney General must pay them costs for this application.