{UAH} Kaweesi Murder Investigations: Court Sets Date to Hear the Investigator Prayers against Gen. Kayihura’s Sanctions
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KAMPALA, Uganda: The High Court in Kampala has set May 22nd 2017 to hear the Investigator Reporter, CEO and Editorial Director, Stanley Ndawula's application to have the interim order gagging him from reporting about fallen AIGP Andrew Felix Kaweesi's murder investigations, dust-binned with costs.
Through the Attorney General three weeks ago, Police boss Gen. Kayihura swore an affidavit against online media outlets including the Investigator, and the person of Stanley Ndawula, saying the continued coverage of Kaweesi's murder investigation findings were "injurious" to the national security. (Read: Kicks of a Dying Horse? Police Boss Gen Kayihura Panics, Drags Media to Court over own Mess in Kaweesi Murder Probe)
In the affidavit via which he begs court to slap a permanent injunction on the Investigator coverage of Kaweesi murder investigations, Gen. Kayihura did not fault the media of misinforming the readers but rather, giving the public what they are not meant to know, hence undermining, confusing, and compromising the integrity and outcome of the investigations!
Through his application backed by an affidavit, Ndawula prays that Gen. Kayihura's plaint be struck out for disclosing no reasonable cause of action against him. "That the respondent's plaint is bad in law and does not disclose reasonable cause of action or at all, against the Applicant," reads the affidavit in part.
Through his lawyers of Muwema and Co. Advocates and Solicitors, and T.Davis Wesley & Co. Advocates, Ndawula also faults the Attorney General of associating him with inexistent products. Vide civil suit number 173 of 2017, the Applicant names Ndawula as a staff member of Investigator Publishers, an entity he says, is unknown to him.
"I am not an employee of the 9th defendant [Investigator Publishers] as alleged in paragraph 12 of the plaintiff. I am an employee of The Investigator Publications (U) Limited which is not a party to this suit," Ndawula swears adding; "The said investigator and editor in chief, the investigator, mentioned in the plaintiff as the 9th and 10th defendants are entities unknown to me and whose existence I am not aware of.
Ndawula further argues that the evidently hurried application associated him with the Red Pepper (Defendant No. I) products which he doesn't have control over. This arises from the annexures (copies of Red Pepper stories) attached to the plaintiff which are meant to back up Gen. Kayihura's affidavit against him.
"I am informed by my lawyers, which information I verily believe to be true, that the defendant's suit is frivolous, vexatious and based on speculation that the defendants intend to further continue publishing information injurious to it. It is only fair, equitable and in interest of justice that this application [setting aside the order] is granted," Ndawula finally prayed.
Speaking to this website (www.theinvestigatornes.com) on behalf of counsels, Friday Roberts Kagoro of Muwema & Co. Advocates and Solicitors said a defense against the main suit has also been filed. "We have already filed the defense for the main suit against our client Ndawula Stanley and not the unknown investigator publishers. We are looking forward to having the IGP in the dock to defend his affidavit as well."
Hitherto Uganda Police Force chief Spokesman, AIGP Andrew Felix Kaweesi was gunned down along with his driver and bodyguard near his home of Kulambiro on April 17th 2017. His murder investigations from the beginning attracted controversies that attracted the Investigator's Ndawula who religiously reported about them before he was gagged.
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