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'Powerless' High court rejects former MP Kipoi's bail application

Kipoi appearing in the Army court earlier

Kipoi appearing in the Army court earlier

Former Bubulo West member of parliament Tonny Nsubuga Kipoi's bail application has been rejected by the High court.  

Delivering her ruling on Monday, justice Jane Francis Aboddo of Criminal Division, High court said that the High court has no powers to grant Kipoi bail since he is currently being tried by the Military Court Martial. 

She advised Kipoi to apply for bail in the Court Martial. Kipoi applied for bail in December arguing that he has a fixed place of abode and substantial sureties including Bosco Welikhe a businessman and Moses Empasa a retired civil servant.

Through his lawyer Rtd Maj Ronald Iduli, Kipoi also told High court that he should be released since there is precedence when Michael Kabaziguruka the MP for Nakawa Division was released by High court judge Yasin Nyanzi after being charged in the Court Martial for treason.

During the hearing of his bail application last week, state prosecutor Joan Tumwikiririze asked court to deny Kipoi bail arguing that his sureties didn't present to court any document to show permanent place of residence and so did Kipoi.  

Tumwikirize noted that if court grants bail to Kipoi, there is likelihood that he may jump bail since his home is not known and also given the applicant is charged in the Court Martial with a serious charge of offenses related to national security. Kipoi was arrested in 2012 and indicted in the High court for offenses related to treason and concealment of treason. 

Kipoi's lawyer Iduli said that he will appeal in the Court of Appeal for bail because Kipoi already has a constitutional petition challenging the independence and impartiality of the General Court Martial to try him because he is a civilian. 

In 2013, the director of public prosecution withdrew charges against him in the High court and reinstated the same in the General Court Martial five years later.

Last year Kipoi was arraigned in the Military Court together with six soldiers of the Uganda People's Defense Forces (UPDF) for offenses related security. 

His co-accused are Albino Okeng, Sgt Adams Mawa, Sgt Yumusu Lemeriga, Corporal Rogers Meru and Private Ijosiga Dodola . The soldiers are all attached to the Masaka Armoured Brigade.  

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