Besigye’s rape case dismissed after 12 years, government to make a public apology

Government has abandoned the rape case against four-time presidential candidate Col. Dr. Kiiza Besigye.

In a letter to the registrar of the Court of Appeal dated July 9, Senior Assistant Director of Public Prosecutions, David Ndamurani, said his office “had no intentions to proceed with the appeal.”

“Take notice that the Director of Public Prosecutions, appellant in Court of Appeal criminal appeal No.06 of 2006 arising from original High Court criminal session case No. 149/2005, intends not to proceed with the prosecution of this appeal pursuant to Rule 70 (1) of the Judicature (Court of Appeal) directions,” the withdrawal notice reads in part.

On the above grounds, Ayebare Tumwebaze, the presiding assistant registrar, dismissed the the rape appeal although Besigye was not present in court.  

Ladislaus Rwakafuuzi, Dr Besigye’s lawyer, said the government will make a public apology to his client.

Case Background

The rape charge was levelled in 1997 by a one Joanita Kakuwa, who told the court that Dr Besigye was her caretaker and that the two lived together in Luzira after completing her A- Levels.

In 2006, then High Court judge John Bosco Katutsi acquitted Dr Besigye ruling that the prosecution had been “crude and amateurish”.

Shortly after the case was thrown out, Kyakuwa disappeared.