HRNJ-Uganda alert, Journalist asks Court to dismiss defamation charges against him.

Kampala 16 /Dec./2014; Court at City Hall in Kampala has resumed hearing of a case in which a former Daily Monitor Journalist, Timothy Kalyegira Nyakahuuma is charged with defaming the President of the Republic of Uganda, Yoweri Kaguta Museveni.

Through his lawyer Ladislaus Rwakafuuzi, Kelyegira prayed to court that criminal defamation charges brought against him by the State should be dismissed on grounds that Section 179 of the Penal Code Act under which he is being charged contravenes international standards and best practices of media freedom.

He further argued that according to the recent decision delivered by the African Court on Human and Peoples’ Rights which Uganda is party to, found criminal defamation to be contrary to the guarantees on freedom of expression. The trial Magistrate, Moses Nabende advised Rwakafuzi to furnish court with the said decision.

In 2012, Kalyegira filed an application to the High Court raising a question of law as to whether online publication was envisaged under s.179 of the Penal Code Act. In deciding the matter, Justice Lameck Kigozi held that publication online can constitute a commission of an offence under section 179 of the Penal code Act and the case was referred back to the trial magistrate for trial.

Prosecution alleges that on 12^th and 16^th July, 2010 in Kampala district, with intent to defame the person of the president, Kalyegira unlawfully published defamatory matter on the Uganda Records, an online publication, when he published that government was responsible for the bombs that went off on July/11th killing more than 80 Ugandans at the Ethiopian village in Kabalagala and Rugby Club in Lugogo.

The case was adjourned to 16^th January 2015 for mention.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Plot 18, Block 12 Stensera Road Kayanja Triangle Zone
P.O.BOX. 71314 Clock Tower Kampala. Tel: +256-414-272934 / +256-414-667627
E-mail: info@hrnjuganda.org / humanrajournalists@yahoo.co.uk

HRNJ-Uganda alert, journalist sentenced to jail over criminal trespass at Parliament

Kampala, 13^th/December/2014; A City Hall Court in Kampala has sentenced a freelance journalist, William Ntege aka Buganda Kyumakyayesu to two months in prison on charges of criminal trespass and being a common nuisance at the Parliament of Uganda. Ntege had gone to Parliament to petition the Speaker, Rebecca Kadaga over police brutality on journalists and other Ugandans.

A Senior Grade one magistrate Elias Kakooza convicted Ntege to jail over criminal trespass, while cautioned him on the second count of common nuisance.

Prosecution led by State Attorney Miriam Njuki told court that on 9^th/Dec/2014, at Parliament in Kampala, Ntege did an act not authorized by law when he lawfully entered into the parliamentary building but remained there with an intention to demonstrate and disrupt business within parliament. Police confiscated his audio and visual evidence to police brutality.

She told court that Ntege also chained and padlocked himself on a bar at the fly-over connecting the South wing to Northern wing of the parliament building, and that efforts to ask him to leave failed until the officers sought the services of a technician to cut the chain, leading to his arrest and prosecution.

Ntege is the second journalist to be convicted and sentenced to prison this year, after Ronald Ssembuusi a correspondent with CBS radio was convicted and sentenced to either one year in prison or pay a One million Shillings fine (USD 400) over criminal defamation. Ssembuusi has since appealed his conviction and sentence at the High Court in Masaka.

Ntege has severally been a victim of police brutality while on duty, his video cameras destroyed and confiscated on most of the occasions, yet the perpetrators were never acted upon. He told HRNJ-Uganda at the KCCA Hall Court that he would appeal his conviction and sentence saying he was not fairly tried as he was not directly asked to plead to the charges, which he denies to have committed.

“HRNJ-Uganda is dismayed with the hasty way in which Ntege was tried and convicted. We would therefore support him to challenge his conviction and sentence. The police should desist from bringing tramped up charges against journalists and Ugandans who take to peaceful demonstration which is provided for under the Constitution of Uganda” said Robert Ssempala, the HRNJ-Uganda National Coordinator.

​

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Plot 18, Block 12 Stensera Road Kayanja Triangle Zone
P.O.BOX. 71314 Clock Tower Kampala. Tel: +256-414-272934 / +256-414-667627
E-mail: info@hrnjuganda.org / humanrajournalists@yahoo.co.uk