Inside Kalangala’s Derailing Justice System

In the first week of August 2022, Isma Mpuuga, a resident of Buyiri Landing site Bujumba Sub County, Kalangala District, went into a fighting brow with Mr. Kasaija Frank, alias Mutooro.

The two fishermen, even after the disagreement continued to threaten one another, before they all went fishing in the waters of Lake Victoria. The next day, Mpuuga returned to the landing site after a day’s catch, finding a host of other residents at the landing site, with about 50 kilo grams of hunted Tilapia.

However, something unusual struck the residents of Buyiri Landing Site. Mpuuga returned with a radio and a phone, all tied in his neck, belonging to Kasaija. Well as Mpuuga did not inform residents at the landing site about any fatality that had happened on the lake while fishing, he informed residents who were in the Buyiri town centre that, Kasaija had drowned in the lake.

“He actually also told us that he had also fallen in water. However, he had no sign of having fallen into the lake since all his clothes were dry. We all at the landing site became suspicious of what had happened since Mutooro (Frank Kasaija) had not returned, a source at the landing site told this website.

As time went on, the area chairperson, Ashraf Kalule reported a case of a missing person at Kalanga Central Police station. Days later, Kasaija Frank, alias Mutooro’s body was found on top of the water facing up. A post-mortem by Health Officers at Bwendero Health Center III was done.

Amongst the report findings were that the body, in a blue shirt and a trouser had multiple injuries and bruises around the neck, chest and head and that the body was not in a swimming position, disqualifying that the deceased drowned.

The report also indicated that the body was facing up which is not a drowning position and that the tongue was not protruding, another disqualification that the deceased drowned. The medical report also indicated that the deceased had died of respiratory arrest, due to air obstruction and not cardiac arrest. For a body to drown, there must be cardiac arrest.

“The report clearly indicated that the deceased had been strangled and thrown into the lake.” A health officer who asked not to be named told this reporter.

Police later arrested Mpuuga Isma and a co accused Mr Emmanuel Byamukama at Kalangala central Police Station. The two later spent three weeks inside police custody with being charged in a competent court.

It was later established that Police led by the Detective Deputy Criminal Investigations Department Simon Kabandize Tukamuhebwa allegedly changed the case from murder to drowning. Asked by a team of security officers recently on why he disregarded the medical report that Kasaija had been murdered to filing that the deceased drowned, Kabandize allegedly indicated that body had “probably been cut by stones when he drowned,” a case he could not verify.

It was later alleged that Mpuuga, together with her mother, Madiina Ndagire had bribed the institution of the Criminal Investigations with up to Ugx 2 million shilling and the Resident State Attorney, Arthur Masaba with Ugx 1.2 million. The state attorney had at the time not sanctioned the file.

Also Emmanuel Byamugisha, a co accused in the case bribed with Ugx 800,000 for he could be offered Police bond. The two accused were later granted bond on capital offenses after spending three weeks in prison, neither did the deceased’s family get justice.

This, among other cases are among the challenges the island district of Kalangala is facing in the delivery of justice in first instance to the highest court circuits within the area.

Late last year, Sharifah Namale, a resident of Kalangala town reported a case of obtaining money by false pretence by Mr Steven Ssekubuge, a business person within Kalangala town. However, despite agreeing to payment of Ugx 10 million he had taken from Namale, Ssenkubuge who had allegedly paid an undisclosed amount of money, lured Police with the help of the resident state attorney Arthur Masaba to arrest and imprison Namale on a computer misuse case.

Namale had written on social media that Ssenkubuge had extorted her money and called for all the help she could. Namale, despite the pain was remanded at Mugoye prison, later convicted and sentenced to 30 days of community service in the Kalangala Market place.

Also, residents at Kibanga Buligo village, Kalangala Town also accuse the State Attorney of accepting to take Ugx 500,000 to engage in processes that would see the release of Mr. Joseph Lubandi who had been arrested for allegedly taking palm oil fruits from Oil Palm Uganda Limited Palm Oil gardens.

Despite the remittance, Masaba did not secure Lubandi’s release before the Kalangala Magistrate Herbert Arinda who instead remanded Lubandi to Mugoye prison in Kalangala District. These among other cases have for long exhibited loopholes in the Kalangala Justice system.

On Friday last week, even after several calls to have residents, especially fishermen led by Mr. Fred Kakande at Namisoke landing site in Bubeke Sub County get Justice after a renowned thief was arrested, court released the suspect despite having remanded the same person to Mugoye Prison until October 4^th this year.

However, the angry residents at the landing site have accused the resident state attorney for taking a Ugx 700,000 from the suspect’s family. As soon as the complainants returned to the landing site, the complainants’ family started praising selves for having money and handling of the officers in the case with enough resources they mobilized.

We looked as fools as we moved to help society get rid of a renowned thief. However, court did not respect our quest for justice,” said one of the residents in the area.

The challenges come at a time when the new Magistrate, Herbert Arinda is accused of picking money from different court brokers who want to secure safety, especially for the fishermen who are always found in illegal fishing practices.

Highly placed security sources within the island district have already documented the judicial officer receiving bribes to release such suspects. For Instance on August 1^st, at about 8:30 pm, at Kisisira Country Club received Ugx 500,000 from Mr. Kayondo Muhammad on behalf of Abdallah Kakooza who had been struggling with illegal fishing related charges.

Highly placed security sources also indicated that the magistrate also received Ugx 400,000 on August 2^nd, in his office from Edward Ssemanda, also on fisheries related cases. On August 9^th, he also allegedly received Ugx one million shillings from Suleiman Kassagga on behalf of David Kanakulya of Kamese landing site in exchange for a lenient sentence after being found by the UPDF Fisheries protection unit engaging in illegal fishing.

This website put the findings before the Resident State Attorney Mr. Arthur Masaba who denied the allegations. Masaba however referred this website to the Magistrate Mr Herbert Arinda who he said, heads the Judiciary in Kalangala.

Herbert Arinda, the Kalangala magistrate, who has held the position for the past one month, when contacted, declined to comment on the matter. He said he needed more time to digest and investigate the findings.

The Anti-corruption act bars any public official from taking bribes or engaging in fraud. Penalties to such activities include imprisonment and suspension from office.