The Deputy Chief Justice Steven Kavuma has issued an interim order halting the trial of Inspector General of Police, Gen Kale Kayihura.
Kayihura and seven other senior officers were summoned by court in July to appear and answer to torture charges slapped against them for beating Kizza Besigye supporters.
The other senior officers wanted in court on that day are Andrew Kaggwa (Kampala South Regional commander), James Ruhweza (head of operations, Kampala Metropolitan), Samuel Bamuziibire (Kampala Metropolitan Field Force Unit commander), Patrick Muhumuza (operations commander of Field Force Unit, Kampala Metropolitan South), Wesley Nganizi (Regional police commander, Kampala North), Geoffrey Kaheebwa (Deputy Regional Police Commander, Kampala South) and Moses Nanoka (Wandegeya Division police commander).
Kayihura refused to appear and instead deployed goons who besieged court threatening to beat up lawyers and wreak havoc.
Early this month, a Kampala advocate, Robert Lutalo, filed an interim application at Constitutional Court seeking to block the trial Kayihura and other senior police commanders.
Lutalo challenged the constitutionality of the criminal proceedings saying the said charges arise from acts done in execution of the men’s official duties.
Lutalo pleaded with Justice Simon Byabakama to have this application heard before Kayihura goes to court on next week to face the charges.
He challenged the complainants to prove how exactly Kayihura personally tortured them.
Denis Biregye, the Director of Civil Litigation from the Attorney General’s chambers who was present in court is quoted by NTV saying he had no “problem with Kayihura not appearing before Makindye Chief Magistrates Court”.
In his ruling on Friday, Justice Kavuma said an interim application would stay in place until the main petition is heard and determined by the court.
Earlier, Joseph Kaddu, Andrew Ssebitosi and Rogers Ddiba who sued Kayihura, wrote to the Makindye Chief Magistrate, Richard Mafabi, in a letter dated August 25, saying they have lost interest.
“We the undersigned as complainants in the above mentioned case, we wish to state that we have unconditionally withdrawn our complaint against Kale Kayihura,” the youth wrote.
Earlier, they told press in Kampala that they were not beaten by police and that they had been bribed to tarnish the police image.
They explained that there is no longer any cause for pursuing the matter in court hence were withdrawing their lawsuit.