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Kabuye handed 6 months for illegal possession of firearms

Saturday December 20 2014

A Rwandan court has convicted a former military officer charged with illegal possession to six months after he was found guilty of owning a gun contrary to the law, The EastAfrican has learnt.

Capt (Rtd) David Kabuye, one of three senior former or serving military officers arrested in August, was on Thursday sentenced by Kacyiru Primary Court in absentia. Mr Kabuye was arrested alongside Brig Gen (Rtd) Frank Rusagara and Col Tom Byabagamba in crackdown targeting ‘misbehaving’ former soldiers and members of the ruling Rwanda Patriotic Front (RPF).

He was however charged in a civilian court while Brig Gen (Rtd) Rusagara and his co-accused Col Byabagamba and Sgt (Rtd) Francois Kabayiza were arraigned before a military court. The trio are yet to be heard.

READ: Senior Rwanda military officers face charges

Confirming Mr Kabuye’s court sentence, the spokesperson of courts Emmanuel Itamwa Mahame said that ‘it is normal for a suspect to be convicted without necessarily being in court’.

“It is true he was handed a sentence of six months for illegal possession of fire arms. His family members and legal representatives were present when the judge pronounced the sentence. A copy of the court decision was delivered to him,” Mr Itamwa told The EastAfrican.

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During a pre-trial hearing following his August arrest, Mr Kabuye pleaded not guilty to the charge and a judge ordered that the former officer be detained for 30 days to allow investigations to continue.

Mr Kabuye told court that while the pistol was not registered, the Rwanda Defence Forces (RDF) hierarchy was aware of it. He says he obtained it from DR Congo 15 years ago.

According to the courts spokesperson, Mr Kabuye later pleaded guilty and cooperated with the court during the trial, which formed the basis upon which the judge handed him a much lighter sentence.

“He pleaded guilty to the charge and made the courts work easy, hence the six month sentence. Counting begins from the time he was arrested,” the court's publicist said.

The means that Mr Kabuye who was arrested in mid-August remains with just over two months to conclude his sentence.

Prosecutors contend that Mr Kabuye, husband to Lt. Col (Rtd) Rose Kanyangye Kabuye, kept the gun, a pistol for many years knowing that it was not registered.

The beleaguered Kabuye, who along with his wife were part of the Rwanda Patriotic Army liberation struggle and was a long time senior civil servant, insisted that he held the gun for his own security.

In the days that followed up to his arrest, his equally embattled wife Rose Kabuye, who also occupied several influential positions over the last 20 years, was among RPF cadres rapped during the RPF political bureau meeting for putting the party in disrepute. Ms Kabuye has since kept a low profile. The duo had until recently ventured into business.

It is not yet clear when Dr Rusagara and Col Byabagamba will appear in court to answer charges of inciting the public against the government. They are accused of spreading rumours with an aim of tarnishing the image of the country and its leadership, as well as illegal possession of fire arms.

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