Justice Henry Kaweesa Isabirye, a judge at the High Court In Mukono has directed the sureties of Matthew Kirabo to pay 50 million each for failure to produce the fugitive to court and also directed security not allow them to leave court.
The sureties Imelda Wabulembo Kirabo’s mother, Benard Mbayo and Elizabeth Baleke had appeared in court today after court had last week tasked them to produce the accused (Kirabo) in court a thing they still did not do.
The State Attorney Happiness Ainebyona prayed to court that the sureties should execute their bond of 50 Million shillings each as it was one of the bail requirements.
“My Lord on the previous date the court made an order that sureties produce the accused person in court which they have still failed to do. Therefore we apply under section 18 of the tail and enlightenment act cap 23, that the Sureties execute the bond.” She said
She also asked the court to extend Kirabo’s arrest warrant to two weeks as police try to locate him.
The defense lawyers led by Charles Dalton Opwonya did not object to her prayer as he cited that it was in the interest to recover the accused.
“My Lord, it is unfortunate that the accused has taken this long to find him; however, I talked to the surerities this morning to remind them of how serious the matter was and they said they are ready to go with the court’s decision in the matter.” He said.
During the defense’s deliberations the court discovered that there are now three surerities instead of two as it had been stated last week.
Justice Kaweesa then asked each of the sureties if they have heard from Kirabo or know his whereabouts but they all said they did not know.
He then read them their confirmation letters that bind them as sureties to Kirabo and what was at stake now that he has absconded court before taking a recess of 10 minutes giving them time to either produce Kirabo or pay UGX 50m each and risk going to jail for aiding escape of a murder suspect.
Justice Kaweesa then asked the defense lawyers if they had reached a decision with their clients, to which counsel Opwonya said yes, “We can not produce the accused however, we are ready with what the court will decide.”
Justice Kaweesa then went on to note: “As Sureties it is your duty to ensure that the accused appears in court for all sessions. I understand from the state that you attended a wedding and that should have been reason enough to report to court that the accused is likely to abscond.”
You are now to pay a cash bond of UGX 50m each which should be paid today as you look for the accused or failure to do so you will be arrested for aiding the escape of a suspect.”
However, the decision sparked a brawl in court amongst Mirembe’s family members who protested the sureties from moving out court without paying 50 million each.
“We are tired of these games let them first pay before getting out of court, they should not be allowed to leave court”
It was after this brawl, that the police were called and temporarily detained the sureties until they raised the 150 million at 4 pm and they were set free.
Emanuel Musoke said that the sureties are going to reluctantly give up on the search for the fugitive because of two reasons, one is they have paid the money and secondly the mother who is amongst the sureties can’t surrender her son.
Court adjourned to November 29, on condition that they produce the fugitive to Court.
Mathew Kirabo is accused of murdering his girlfriend Desire Mirembe on July 10, 2015 a former Makerere University medical student.
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