Murder trial in crisis: Absconded suspect forces DPP to rethink strategy

Prosecutors handling the murder trial of eight individuals accused of killing Major Muhammad Kiggundu and Sergeant Steven Mukasa have asked the International Crimes division of the High court for permission to continue proceedings in the absence of one suspect, Bruhan Balyejusa, who has absconded.

On Monday, Assistant Director of Public Prosecutions Lino Anguzu, leading the prosecution team, requested additional time to file a formal application allowing the trial to proceed without Balyejusa.

Appearing before a panel of four judges chaired by Lady Justice Susan Okalany, Anguzu noted uncertainty over Balyejusa’s apprehension and argued that in the interest of justice, the trial should move forward with the seven remaining accused persons present in court.

The accused still standing trial are Sheikh Yahaya Mwanje, Yusuf Nyanzi, Mohammed Buyondo alias Matiya, Abdu Wahab Sendegeya, Musa Ssekandi alias Masanafu, Jibril Kalyango alias Bin Suleiman, and Noordin Lutaya alias Ibrahim Ssemwanga, also known as Superman.

Defence lawyers, including Caleb Alaka, Evans Ochieng, and Uganda Law Society Vice President Anthony Asiimwe, raised concerns regarding the constitutional right to legal representation, especially for accused persons facing potential death sentences.

Citing Article 28(3) of the Constitution, they sought guidance from the court on the matter. Following consultations, the defence team did not object to the prosecution’s request for time to prepare the application for trial in absentia.

Justice Okalany’s panel ordered the prosecution to file the application by 9 May 2025 and serve the defence along with its submissions. The defence was given until 20 May 2025 to respond, with any rejoinder due by 26 May 2025.

The court will deliver its ruling on May 29, 2025. Justice Okalany cautioned the prosecution to strictly adhere to the set timelines and warned against further delays, stress- ing that the court is closely monitoring the progress of the trial.

Meanwhile, the remand of the seven accused persons was extended until May, 29 2025. Three weeks ago, Balyejusa’s surety, Abdu Swamadu Muyomba, was sentenced to six months in prison after failing to produce Balyejusa in court.

Muyomba was also unable to forfeit the Shs 250 million he had pledged as bond security. A warrant of arrest was issued against Balyejusa, and other sureties were summoned through public notices, although they failed to appear.

Prosecution evidence links Sheikh Yahaya Mwanje, considered the prime suspect, to the events surrounding Kiggundu’s murder. Mwanje was allegedly seen near the Northern Bypass shortly before the killings, and he is said to have made several recordings containing hate speech directed at Kiggundu.

According to the prosecution, Kiggundu had previously reported threats from Mwanje and was in frequent communication with some of the co-accused, often deleting his call logs afterward.

Mwanje, formerly the head of Nakasero mosque, allegedly had long-standing grievances against Kiggundu and other Muslim clerics opposed to his leadership. Balyejusa’s disappearance is the second notable case of a suspect absconding from a high-profile murder trial.

Several years ago, Shafique Kasujja similarly fled prosecution in the case of the 2017 murder of former Police spokesperson Andrew Felix Kaweesi. Both Balyejusa and Kasujja faced charges related to the murders of Kiggundu and Kaweesi, complicating the completion of both cases.