Media Barred from Plea Bargain Proceedings for Mukulu’s Co-Accused

Journalists were ejected on Monday morning from the International Crimes Division of the High Court in Kampala during plea bargain proceedings involving suspects jointly charged with alleged former Allied Democratic Forces (ADF) rebel commander Jamilu Mukulu Alilabaki on terrorism charges. 

The journalist had reported to court ready to cover the proceedings as usual. However, shortly afterwards, the Registrar of the International Crimes Division, Juliet Harty Hatanga, informed journalists that, due to national security concerns, they would not be allowed to cover the day’s session.

Hatanga explained that the media would, however, be permitted to attend subsequent open court proceedings, including those scheduled for tomorrow, when Jamilu Mukulu is expected to appear for further trial. Sources told our reporter that at least five suspects were already present at court to finalize their plea bargain agreements.



This is not the first plea agreement in this case. Previously, some accused persons entered into agreements with the State in exchange for more lenient sentences and were subsequently sentenced to 17 years in prison. Those proceedings were also held without media access.

Sources further indicated that judicial officers were displeased with the individual who tipped off both the media and relatives of the accused about the proceedings. Relatives of the accused persons were also present at court. A plea bargain is a legal agreement where an accused person agrees to plead guilty to some or all charges in exchange for concessions from the prosecution. These may include reducing the severity of the charges, dismissing some charges, or recommending a lighter sentence.

Mukulu, who was arrested on July 10, 2015, has spent over 10 years on remand on charges of terrorism. He is accused of issuing orders to his co-accused to carry out murders and robberies in several districts, including Mayuge, Bugiri, Tororo, Mbarara, Namayingo, Kampala, Wakiso, Jinja, Mbale, and Budaka between 2011 and 2015. According to evidence presented at the pre-trial stage by the Director of Public Prosecutions, Lino Anguzu, Mukulu is indicted as the leader of the ADF and the Salaf Muslim community in Uganda. 

The prosecution further alleges that between 2011 and 2014, Mukulu and his co-accused acquired firearms, underwent military training in neighbouring countries, and secured funding to pursue political, religious, and social motives through violence. Their charges date back to the 1998 ADF attack on Kichwamba Technical Institute, in which more than 80 students were killed. 

Among the charges Mukulu faces is the murder of Muslim clerics Sheikh Yunus Abubaker Mandanga and Sheikh Dakitoor Muwaya. The case is being heard by a panel of four justices of the International Crimes Division: Michael Elubu, Dr. Andrew Bashaija, Susan Okalany, and Steven Mubiru, with the trial allocated a one-week hearing session every quarter.

The first prosecution witness, who took the stand on November 17, identified accused person number one, Ali Kabambwe alias Munakenya, as the individual who allegedly shot and killed the LC III chairperson of Namayingo District on February 1, 2015. The third witness implicated another accused, Ibrahim Kyessa, described as Kabambwe’s accomplice.

According to Chief State Attorney Richard Birivumbuka, Kyessa entered a plea bargain agreement, pleaded guilty to terrorism, murder, aggravated robbery, and membership in the ADF, and was sentenced to 17 and a half years in prison. Two medical doctors also testified in the last quarter, presenting a postmortem report from Mulago National Referral Hospital confirming that Muslim cleric Abdul Khadir Muwaya Ductoor died of gunshot wounds sustained during a violent attack. 

Another witness, Dr Emmanuel Nuwamanya, a police surgeon and director of police health services, told the court that upon examining Mukulu, he found him to be of normal mental state based on his behaviour, speech, and thought processes. He testified that on July 11, 2015, he received a request from Namayingo Police Station to assess Mukulu for injuries and mental status.

Mukulu reported being 51 years old at the time, showed no physical injuries, and walked out of the examination room without difficulty. The medical report has since been admitted as a prosecution exhibit. The case is expected to resume tomorrow in open court.