The High Court in Kampala on Tuesday afternoon denied bail to Mathew Kanyamunyu who is accused of shooting Kenneth Akena, a social worker in Gulu.
However the similar court granted bail to his Burundian girlfriend Cynthia Munwangari and brother Joseph Kanyamunyu.
Their lawyers led by Caleb Alaka and Evans Ochieng told Justice Yasin Nyanzi that it was a right of the accused enshrined in the constitutional to be released on bail before presenting 9 witnesses to stand surety for the trio.
“This court in January declined to release them that investigations had not been completed for fear of interfering with them. Now their file has been committed for trial,” the defence lawyers told Justice Nyanzi.
However, the state led by immaculate Angutoko told court that they would prefer court to be compelled to expedite the accused’s trial rather than releasing them on bail.
“They should have a speedy trial so that if they are innocent, they are acquitted and if guilty, they get to know their sentences early enough,” Angutoko argued.
The state prosecutor argued that in case Cynthia Munwangari who holds a dual citizenship of both Rwanda and Burundi is released, she would abscond and make it difficult to be returned for trial.
“We are praying for justice since releasing them would be an injustice to Akena’s family,” she noted.
Justice Yasin Nyanzi in what looked as a win-win situation decided to release Joseph Kanyamunyu and Cynthia Munwangari whom he termed as being accessories after the crime.
“The 2 can be released without fear of absconding,”Justice Yasin Nyanzi said.
He however put stringent terms that ought to be fulfilled by the duo before being released temporarily.
The judge asked that before any of them travels out of the country, they ought to ask for permission from the court; and also report to court after every 14 days for the next 3 months.
“You will then report one in a month after the first 3 months .Each of you is bonded with shs 5 million cash and shs 50 million non-cash for each surety.”
The judge declined to release Mathew Kanyamunyu, the prime suspect in the murder of Kenneth Akena.
“The offense is grave and naturally it is. I decline to grant bail to Mathew Kanyamunyu because I feel it is not safe to do so,” he said.