The lawyer of Matthew Kanyamunyu, the key suspect in last year’s murder of child rights activist Kenneth Akena, has notified court he should be given bail as he has no capacity to interfere with witnesses and evidence pinning him.
“The fact is no witnesses were named in this case so the accused will not interfere with any evidence,” defense lawyer Evans Ochieng told Kampala High Court judge, Yasin Nyanzi during Thursday’s bail hearing.
My Lord, presumption of innocence should be used because the applicant has not been pronounced guilty, so he is eligible for bail,” Mr. Ochieng prayed.
“Court of public opinion is a court of public opinion, this court is for justice, so it should exercise it is discretion. My Lord, Mathew Kanyamunyu has a family of six and he is the sole breadwinner, his absence affects them.”
“He has relatives who can take care of his family while he is on remand, so the ground of family should be disregarded,” State prosecutor Immaculate Agutoke fired back.
But Kanyamunyu’s lawyer also sighted Article 21 of the Ugandan constitution that says, ‘..all people are equal before the law irrespective of their differences in religion or origin.’
On March 28, Justice Nyanzi released on bail Mathew Kanyamunyu’s co-suspects; Joseph Kanyamunyu and Cynthia Munwangari on grounds that the DPP’s evidence indicated that they were mere accessories before or after committing Akena’s murder.
Kanyamunyu on his part argued that just like his other two co-suspects, he will not abscond whenever needed to appear in court.
The two co-accused joined relatives and friends of the Kanyamunyu; as well as the late Akena’s family members at the emotional bail application whose ruling will be on 23rd August 2017 at 2:30 pm.
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The prosecution states that the three suspects on November 12 last year, on Kampala-Jinja Road near Malik Car Bond, opposite Uganda Manufacturers Association Show Ground in Nakawa, conspired to kill Akena and or to conceal their culpability in the murder.
Photo courtesy: Nicholas Bamulanzeki @bamulanzeki