The Chief Magistrates Court in Nabweru, Wakiso district has ordered police to end the house arrest imposed on FDC’s Col Dr Kizza Besigye.
The Court ruled in favor of Beisigye’s application backed by his sister Margret Kifefe, who raised concerns about the multiple ‘unlawful’ arrests of the four time presidential candidate.
The petition which was upheld by Magistrate Prossy Katushabe demanded an immediate and unconditional release of Dr Besigye from preventive arrest and detention.
It also demanded that the police officers at his residence “desist from interfering with the rights of the applicant to move freely.”
Besigye has since the start of the year remained under close watch by the police who have camped outside residence, barring him most of the times from leaving home.
According to the court petition, Besigye has since February 17th 2016 been subjected to 9 unlawful and violent arrests at his home.
“The applicant has not been charged with any offence in respect of all the nine arrests and therefore not been produced before any court,” ruled the magistrate.
She noted that while police through the Police Act, acted lawfully in arresting Dr Besigye, it flouted Article 23 of the National Constitution which demands that an arrested person can only be detained in a place authorized by law, and that he or she must be presented before court with 48 hours.
“Court finds that the detention of the applicant started out lawful as per the relevant section of the Police Act but it subsequently advanced into something else hence this application.”
Kampala Police spokesperson Emilian Kayima while commenting on the court ruling, said, “We have never failed to respect an order from court.”
“When we are served with the papers from court,” he told Chimpreports, “we shall respond accordingly.”