State Lawyers Withdraw from Kagezi Murder Case

  • November 12th, 2024
  • Bernadette Nakayenze
State Lawyers Withdraw from Kagezi Murder Case

KAMPALA, Uganda | Two government-appointed lawyers representing the accused in the murder case of the late Joan Kagezi have requested to withdraw from the case, citing a conflict of interest. The lawyers, Ms. Sylvia Namawejje and Mr. Ali Hassan Kato, informed the court of their decision during a recent hearing. The development leaves the accused without legal representation, prompting the court to arrange for new state-appointed defense counsel.

Joan Kagezi, who was serving as the Assistant Director of Public Prosecutions, was killed on March 30, 2015, in Kiwatule, Kampala. The incident occurred in the presence of her children, causing public outrage and raising concerns about the safety of judicial officers involved in high-profile cases. Kagezi was involved in prosecuting several sensitive cases, and it is believed that her murder was connected to her role in ongoing legal proceedings.

Following an investigation, four suspects were charged in connection with the murder: Daniel Kisekka Kiwanuka, John Kibuka, John Massajjage, and Nassar Abdallah Mugonole. As the charges are for a capital offense, the Constitution requires that the accused have legal representation, either through private lawyers or state-appointed counsel.

Ms. Namawejje and Mr. Kato have been on state brief, providing legal representation to the accused individuals. However, they have now requested to step down, citing a conflict of interest as their primary reason. The court acknowledged their request and has taken steps to ensure the accused are assigned new lawyers, given that they do not have private counsel.

The Constitution guarantees the right to legal representation, especially in capital cases, where the stakes are high, and the potential penalties are severe.

The prosecution presented evidence linking the suspects to the crime, including statements made by one of the accused, Kiwanuka. According to the prosecution, Kiwanuka identified a witch doctor in Kayunga District, whom the suspects approached after the murder for “protection rituals.” The witch doctor, now in custody, confirmed performing rituals intended to shield the suspects from arrest. During an identification parade, the witch doctor was able to recognize three of the accused: Kiwanuka, Kibuka, and Mugonole. The prosecution plans to use this identification as part of its case. Additionally, Kiwanuka’s confession detailed his involvement in planning the murder, paying accomplices Shs 500,000, and providing firearms used in the attack. He implicated Kibuka as the shooter and Massajjage as the motorcyclist who transported him to the crime scene.

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