The order follows a successful application by Kakwenza’s wife Eva Basima through her lawyers led by Eron Kiiza who told the court that their client has been in unknown detention and held incommunicado which is a violation of his rights.
Court has also heard that the Makindye grade one magistrate Irene Nambatya had ordered the Attorney General to unconditionally release Kakwenza but the government didn’t comply and therefore, it was in the interest of justice that an order for his production whether dead or alive be issued.
The government was represented by state attorneys; Christine Kaahwa and Richard Adrole who told the court that they previously had to verify the Makindye Magistrate’s court order since it was issued in their absence.Â
But they added that they later found that the order was authentic and in respect to today’s proceedings before Ssekaana, they needed more time to respond to the matter on grounds that they have written to those who were sued and are yet to get their respective responses.
Kakwenza’s lawyer Eron Kiiza says that he is hopeful that since this is an order from the High court the security agencies are going to comply with it.
Kakwenza’s wife Basima petitioned court last week demanding the restoration of her husband’s right to liberty, saying that he had been in unknown detention without being arraigned in court within 48 hours as mandated by law.
The writer has been in custody on offensive communication charges since December 28 2021 when he was arrested by armed security personnel from his Kampala home located in Kisaasi suburb.
He was later last week taken to his upcountry home in Iganga district for a search by police detectives and returned to unknown custody according to his lawyers.
On Tuesday last week, magistrate Irene Nambatya issued an order for his release, but the government defied the order.
Efforts by the Uganda Human Rights Commission, Uganda Law Society, East African Law Society European Union, and individuals among others to demand Kakwenza’s constitutional freedoms have been futile.
