Judge Yasin Nyanzi of the High Court in Kampala has been assigned to preside over hearing of the second bail application city businessman Mathew Kanyamunyu and his co-accused in the suspected murder of activist Kenneth Akena.
The accused are expected to appear before Nyanzi on Tuesday March 28th for their second attempt to be released from Luzira, where they have been since November last year.
Mathew Kanyamunyu and his girlfriend Cynthia Munwangari are accused of shooting Akena dead on November 12th at Lugogo in Kampala, after he allegedly knocked their car, and attempted to apologize.
The couple on the other hand claim to have acted as good Samaritans by rushing the deceased to the hospital where he succumbed to gunshot wounds. However, prior to his death, Akena confessed to his brother, that the couple which had rushed him to the hospital, were responsible for his death, because they had shot him.
Mathew’s brother Joseph Kanyamunyu, their co-accused conspired to help the suspects hide the murder weapon.
The accused’ lawyers Caleb Alaka and Evans Ochieng filed the bail application last month which was denied bail was heard by High Court Judge Elizabeth Kibula Kabanda.
Justice Kabanda denied the accused bail on grounds that they had not proved to court exceptional circumstances to support their request. "The application is dismissed for failure of the accused to prove special circumstances to court in order to be released on bail" Kibula ruled.
According to the judge, these circumstances included being of an advanced age (above 50 years) and having illness that cannot be treated by Prison authorities, and the fact that Joseph Kanyamunyu and Munwangari had no fixed places of abode.
The trio is praying for a successful bail hearing tomorrow, before Justice Nyanzi.
