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Monday, 3 February 2014

Birds of a feather: when Babylon USA trains its slave states to kill and formally hide all traces: MP Nebanda: Kalungi found guilty of manslaughter : Compare with: Lydia Draru, found of manslaughter for killing Gen.Kazini

  Mr Adam Kalungi in the dock at Makindye Court yesterday where he said he was forced to confess killing Nebanda.


While appearing before Makindye Chief Magistrates Court, Mr Kalungi said he was forced by police officers to confess that he administered drugs to the late MP leading to her death. “I was offered huge sums of money by police officers to implicate my five co-accused persons that they supplied me with the drugs which I administered to my fiancée but I declined the offer,” Mr Kalungi said denying taking cocaine because he was employed as an IT specialist with international agencies.


 First read:

Will the Nebanda-Kalungi trial be similar to the Dralu-Kazini trial?? Detectives say they might prefer manslaughter charges against Mr Kalungi, accused of supplying drugs that reportedly killed the Butaleja Woman MP

I was forced to confess killing Nebanda, Kalungi tells court  
I am still in pain, says Nebanda's mother
Late Member of Parliament Celina Nebanda

Mysterious deaths Museveni’s Uganda: More questions than answers: I am still in pain, says Nebanda's mother

 Dr Onzivua cries in court
Florence Nebanda prefers to keep her personal life private
MP Florence Andiru Nebanda the sister of late Cerina Nebanda replaced her dead sister of woman Member of Parliament for Butalega district. She has chosen to shut up to avoid being killed like her vocal  sister

Florence Andiru Nebanda won the by-election by a landslide
MP Florence Andiru Nebanda the sister of late Cerina Nebanda replaced her dead sister of woman Member of Parliament for Butalega district. She has chosen to shut up to avoid being killed like her vocal  sister 

Florence Nebanda prefers to keep her personal life private

Will the Cerinah Nebanda inquest be similar to Hutton Inquiry on Dr.David Kelly’s death : Justice Mugamba to head Cerinah Nebanda inquest

late Dr.David Kelly

The Death of Dr. David Kelly. Murdered on the Orders of Her Majesty’s Government?

Late Gary Stephen Webb was an American investigative reporter best known for his 1996 "Dark Alliance" series of articles written for the San Jose Mercury News and later published as a book.


MP Nebanda: Kalungi found guilty of causing her death


Posted  Friday, January 31  2014 at  15:13

In Summary
In her judgment, Ms Nambayo observed that Mr Kalungi feared that journalists would embarrass his girlfriend (Nebanda) while taking her to the hospital given her social status in the society as MP, which omission led to her death.

Kalungi now awaits his sentence from Luzira prison which court said will be read on Friday next week.

 KAMPALA- Adam Suleiman Kalungi was Friday found guilty of causing the death of former Butaleja District Woman MP Cerinah Nebanda by omission.

This was after he delayed to take her to the hospital for medical attention upon finding her in a coma at his home in Buziga, a Kampala suburb on December 14, 2012.

Makindye Chief Magistrate Esta Nambayo found Mr Kalungi guilty of manslaughter charges, a charge that attracts a maximum sentence of life imprisonment.

In her judgment, Ms Nambayo observed that Mr Kalungi feared that journalists would embarrass his girlfriend (Nebanda) while taking her to the hospital given her social status in the society as MP, which omission led to her death.

Kalungi now awaits his sentence from Luzira prison which court said will be read on Friday next week.

“I believe the reason Hon Cerinah Nebanda was delivered to the hospital at 7pm was because they delayed to set off from Kalungi’s house due to Kalungi’s fear of the paparazzi (journalists) as was stated by Ssegawa (a prosecution witness). In fact, on careful scrutiny of Ssegawa ‘s evidence, you realise that Hon Nebanda’s condition continuously deteriorated at every passing time under Kalungi’s very nose,” Ms Nambayo said.

She said: “The fear of exposing his girlfriend to embarrassment kept holding Mr Kalungi back until it was too late to save her life. In the process of his fears to the subject his girlfriend to embarrassment, Mr Kalungi breached that duty to save life of his girlfriend. This was gross negligence on the side Adam Kalungi,”

Court, however, acquitted all his five co-accused of the manslaughter charges.

They are Mr Ali Omar Alimuzahim, Mr Khan Babu Abdul, Mr Noor Abubakar, Mr Abid Rashid Butt and and Ms Fatuma Babu.

But on the second count of being in unlawful passion of narcotic drugs contrary to section 47 (1) and 60 (2) of the National Drug Policy and Authority, court found only Mr Ali Alimuzahim guilty of the same.

His bail was also cancelled and remanded to Luzira prison and now awaits his sentence on Friday next week.

The maximum penalty of being in unlawful possession of narcotic drugs is 5 years or a fine of up to Shs2 million or both.

Court also acquitted Mr Kalungi of the third count of unlawful possession of narcotic drugs on grounds that prosecution failed to show evidence to prove that indeed he was in possession of Class A drugs.

Further, the court acquitted all the six accused on count four of supplying restricted drugs to the late MP between September and December of 2012 that prosecution said she consumed leading to her death.

“Prosecution has not presented any evidence to show that the accused persons supplied drugs to the late Hon Cerinah Nebanda as stated in the particulars of the offense. Therefore, I find no incriminating evidence against any of the accused persons in court. I find no accused person guilty and each of them is hereby acquitted,” Ms Nambayo ruled.

 During mitigation process, state prosecutor Mr Andrew Odiit asked court to impose a maximum penalty of life sentence onto Kalungi, arguing that life of a young legislator was taken during her prime time.

Mr Odiit also argued that Mr Kalungi had showed no remorse during the trial.

But his lawyer Mr Nsubuga Mubiru, asked court to pass a lenient sentence, arguing that his client just erred when he overlooked the social stand in society of the MP as opposed to rushing her to the hospital.

According to the government’s postmortem report, the late vocal MP died of multiple organ failure due to alcohol and drugs, though fellow MPs on the contrary suspected a possible poisoning.

Her mysterious death led to the arrest of several members of parliament for allegedly inciting the public against government for having a hand in the fallen MP’s death.

The MPs who were arrested and taken to courts of law for their remarks they made including at the burial of the fallen MP’s home in Butaleja were Mr Mohammed Nsereko (Kampala Central), and Dr Sam Lyomoki (Workers MP).

Kinkizi East MP Dr Chris Baryomunsi along with top Mulago Hospital pathologist Dr Sylvester Onzivua; were also arrested and prosecuted over charges of conspiracy to unlawfully obtain body parts of the fallen MP and take them to South Africa for a parallel postmortem to establish the cause of the youthful vocal MP without permission.

Dr Onzivua who was contracted by the Parliamentary Commission to go to South Africa, was subsequently arrested at Entebbe International airport by the police as he attempted to fly to South Africa.

But the courts have since acquitted most of these MPs for lack of sufficient prosecution evidence apart from MP Lyomoki whose case is still pending at Buganda Road Court.


After a yearlong trial, Makindye Chief Magistrate’s Court last Friday afternoon found Adam Kalungi guilty of manslaughter in relation to the death of his girlfriend, the then Butaleja Woman MP, Cerinah Nebanda.

Court faulted Kalungi, not for giving Nebanda an overdose of the narcotic drugs that are said to have killed her but for not taking her to hospital quickly enough.

Shortly after his conviction, Kalungi told The Observer that if his conviction came with a prison sentence, he would go to prison with his head high.

“I am happy that the magistrate never came to the conclusion that I administered drugs to my late girlfriend…..Surely I have never done anything wrong; these were just trumped-up charges,” Kalungi said.
A subdued Kalungi said his love for Nebanda, whose family never showed up during the entire trial, was not in doubt. He said as a loving boyfriend, he couldn’t have knowingly given her drugs.

Kalungi said Nebanda’s death and his subsequent trial have been trying moments in his life because he has never committed any crime before the Nebanda incident.

“I loved my girlfriend; so, her sudden death left me in shock since it was the first time I was experiencing that but to make matters worse, the state instituted these charges against me …It has been very hard mentally to deal with those two incidents,” he said.

He said the trial had taken a toll on his family.
“My mother is down with high blood pressure and if I am sentenced, it may worsen. Even now the public looks at us [family] as drug dealers,” he said.
If the magistrate agrees with his lawyers and lets Kalungi off with a caution, he doesn’t envisage staying in Uganda.

“I will sit down with my family and decide but I don’t see myself staying in this country. I would need some time off,” he said before being whisked off to Luzira prison.


Kalungi was one of six suspects charged with manslaughter. The others, set free on Friday afternoon, included Pakistani nationals Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt, Fatuma Babu and Ali Omar Almuzahim.

The six were also charged with dispensing narcotic drugs, which prosecution says contravenes the National Drug Policy and Authority Act. The trial, which started last year, had its fair share of drama. During the trial Kalungi disowned an extrajudicial statement he made before then Buganda Road Chief Magistrate Sylvia Nabaggala. He told court that police officers forced him to confess to administering drugs to Nebanda leading to her death.

Consequently court rejected Kalungi’s extrajudicial statement on grounds of flawed procedure. In her judgment, Makindye Chief Magistrate Esta Nambayo said Nebanda died as a result of Kalungi’s negligent conduct.

Nambayo said that during his testimony, Kalungi had admitted that the late Nebanda was his girlfriend and had intentions of taking their relationship to the next level, therefore Kalungi had a duty to take care of her.
Kalungi’s lawyer Nsubuga Mubiru had argued that Kalungi and Nebanda were just friends and as such Kalungi had no duty of looking after her. Nambayo also ruled that Kalungi was guilty of breach of duty having delivered Nebanda at Mukwaya General hospital at 7pm yet her health had started worsening at 4am.
Nambayo explained that the fear of exposing his girlfriend [Nebanda] to embarrassment kept on holding Kalungi back until it was too late to save her life.

“In the process of his fear to subject his girlfriend to embarrassment, Kalungi breached that duty to save her life. This was gross negligence on the side of Adam Kalungi. I, therefore, find him guilty of manslaughter by omission,” she concluded.

However, Nambayo dismissed prosecution’s claims that Nebanda had died out of Kalungi’s actions.
Prosecution, led by Andrew Odit, asked Nambayo to condemn Kalungi to life imprisonment on grounds that he had not showed remorse. But Kalungi’s lawyer Mubiru asked court to set Kalungi free on grounds that Nambayo had found him guilty due to an error of judgment but not malice.
Kalungi is due to be sentenced on Friday, February 7. 


Lydia Draru, alleged killer of Maj. Gen. Kazini, on her way to the Central Police Station, Nov. 10, 2009. Photograph for the Daily Monitor by Joseph Kiggundu.

Lydia Draru's kempt appearance counters Kazini murder
Wednesday, 11th November 2009

By Timothy Kalyegira  
The widow of the former army commander, Maj. Gen. James Kazini, has raised questions about the circumstances of his murder early on Tuesday morning, Nov. 10, 2009.

"Maj. Gen. James Kazini's widow yesterday said she was doubtful that Lydia Draru, her husband's alleged killer, was the lone assailant in the killing of the former army commander," reported the Daily Monitor on Nov. 12, two days after the Uganda Record, in no uncertain terms, had made it clear in its reporting that Kazini's death was a political murder, not the result of a drunken brawl between him and his mistress, Lydia Draru.

In an interview with the Daily Monitor on Wednesday, Phoebe Kazini said: ""I highly doubt he was hit by a woman [acting] alone in that kind of way. I think that other people were involved, but of course there was this lady. Do you think a woman can fight a man in such a way? She must have been among the group which did it. We really doubt that she is the one who did it the way it was done."

On Tuesday morning, Fiona Basajjabalaba, wife of the businessman Hassan Basajjabalaba and also a cousin to the late Kazini, went to Mulago Hospital to view his body.
While there, she noted the tight security by the Military Police and the tension and suspicion around the mortuary and the fact that she was not allowed to view the body or, if she had to, had to get clearance from somebody who was constantly being consulted via phone.

This led her to start being suspicious of the whole story as had been given to the media, about Kazini's death.

It says something about the state of cohesion within the Museveni regime when the wife of a businessman whom most people believe is a front for President Yoweri Museveni's secret business deals, starts to question the official version of the events that ended Kazini's life.

Yesterday, Nov. 11, the Uganda Record got further details on Kazini's death.

A security analyst noted the fact that the alleged murder object was a 25mm aluminium hollow metal tube, hardly the sort of object to cause the kind of dent in Kazini's skull as happened.

Also, this security analyst, with sources in Military Intelligence, said Kazini was actually killed with an axe. The analyst added that Kazini had been trailed by a double cabin pickup on his way to Draru's house in Namuwongo in the early hours of Tuesday morning.

It is starting to become obvious that Kazini was murdered, but not in the way, not by the person, and not for the reasons the Ugandan public has been told.

The photographs of Draru that have so far appeared in the mainstream Ugandan newspapers hours after she was arrested and taken to the Central Police Station, are of a woman with full make up, hair all waxed in place, her clothes without a single drop of blood, well-pressed, all buttons in place.

General James Kazini

In no way do her appearance or her clothes suggest a scuffle or the sort of physical fight that would result in Kazini's head being so badly shattered.

The Uganda Record repeats and stands by its original story: Maj. Gen. James Kazini's death was a political assassination, not manslaughter following a fight between two drunken lovers.

The political killing was carried out with the full prior knowledge of State House and therefore, is the full responsibility of President Yoweri Museveni.



The high court in Kampala has found Lydia Draru the woman who confessed to killing Gen James Kazini guilty of manslaughter and sentenced her to 14 years in prison.
Trial Judge Justice Monica Mugyenyi delivered her judgment just 20 minutes after the assessors had advised her to convict the accused.

The Judge said the prosecution had failed to prove that Draru committed murder and she took into consideration that she was remorseful and at the beginning of the trial confessed to killing Kazini in self defence.

“The convict appeared remorseful and pleaded guilty to the charge of manslaughter at plea taking,” held Justice Mugyenyi.

Gen. Kazini was found dead in her house in Namuwongo, a Kampala suburb.
Prosecution told court that Ms Draru hit Maj. Gen. Kazini with an iron bar on the head and killed him on November 10, 2009 at her rented home in Wabigalo, Makindye Division in Kampala.

Ms Draru, who was the deceased’s mistress, has been on remand at Luzira Prison for close to two years since being charged with murder in 2009.

However, she asked court to forgive her saying she did not intend to kill the soldier and that the deceased’s family forgive her.


Lydia Draru’s manslaughter trial highlights violent relationship  

By Achola Rosario
The trial of the woman accused of murdering the Late Major General James Kazini resumed in the high court today with 3 prosecution witnesses giving their testimony. Dr Susan Nabadda from Mulago hospital, who examined Lydia Draru after the crime, testified that Draru had 30 fresh scratch marks all over her neck but refused to categorically state that they were related to attempted strangulation.Visibly upset by the remark during the 15 minute recess that followed the doctor’s testimony, Lydia Draru broke down in tears on the benches and had to be comforted by the prison warders that flanked her. Draru has already pleaded guilty to manslaughter and the prosecution team Fred Kakooza and Faith Turumanya from the Directorate of Public Prosecutions argues that it was a premeditated murder. Her defense team says that she acted in self-defense and Dr Nabadda says that she is of sound mental health.

The case is being heard by Justice Monica Mugyeni. Draru’s defense team comprises of the head of the criminal prosecutions department at the Law Development Centre, Annette Karungi, who is also senior lecturer there as well as Musa Sembajja, also from the LDC.

They were directed to take on the case by the state because Draru did not have a lawyer by the time of the hearing as she could not afford one. FIDA (U), an NGO that offers Legal Aid to women, especially in domestic violence related cases, does not seem to be involved.

Her niece, 18 year old Tobora Scovia also testified today to the events of the night of Nov 9 and subsequent murder in the early hours of Nov 10. Scovia testified that Kazini punched Draru in the mouth and slapped her twice. Draru ran to the living room and he followed pushing Draru on the sofa and strangling her.

Scovia said that she went for help outside. And as she was coming back in to check on her aunt, Draru moved to the bathroom, where Scovia thought she was going to hide, but instead she came back with an iron bar which they used to clean under beds and sofas with a rug wrapped around it.

She added that Draru hit the deceased first in the back and then on the back of the head. Earlier the state coroner had testified that Kazini died of brain trauma as a result of a head injury. Two more witnesses present their evidence at the high court tomorrow at 2pm.