After nearly two-and-a half-months in detention at the Makindye Military barracks, former inspector general of police Gen Kale Kahiyura, 62, was on Friday arraigned before the General Court Martial on three charges.

Two counts are on failure to protect war materials contrary to Section 122 of the Uganda People’s Defence Forces Act of 2005 and the third count relates to aiding and abetting the kidnap and repatriation of Rwandan refugees in Uganda contrary to Sections 19 and 242 of the Penal Code Act.
He faces the death penalty if convicted.

“A person subject to military law who fails to protect war materials; misuses or sells them; commits an offence and is on conviction, is liable to suffer death,” the section reads.

Under Section 19 (1) of the Penal Code Act, Kayihura is charged with aiding and abetting the kidnap and repatriation of Rwandan refugees in Uganda including Joel Mutabazi, the former aide to Rwandan President Paul Kagame.

The section says a person convicted of aiding and abetting can be tried as if he personally committed the offence and is liable to suffer the same sentence available to the actual offender.

Section 242 of the Penal Code recommends a sentence of 10 years for the offence of kidnap.

The first two charges relate to issuance of arms to the Boda Boda 2010, an association that gained notoriety for its brutal tactics in dealing with especially opponents of the NRM government and non-compliant boda boda riders in areas it controlled.

Its leader, Abdallah Kitata, named in the charge sheet, is facing the same court on charges of illegal gun possession and has been denied bail on various occasions.

The second count of failure to protect war materials relates to special units that became the defining element of Kayihura’s tenure at the helm of the police as he discarded traditional units like the Special Branch in preference for new outfits whose loyalty he fully commanded.

The charges, serious as they are, mark a major fall for a man who hardly a year ago had arguably the most sought-after phone number in Kampala as the holder of authority probably only next to the president's. Kayihura was the ultimate fixer.

But as he was escorted into the courtroom by junior officers of the UPDF, and led to the metal cage marked “Dock” where he saluted before sitting down before the panel of the General Court Martial chaired by Lt General Andrew Gutti, who is a rank below him, Kayihura cut a forlorn figure, only mumbling his initial responses when asked to take plea.