Court rules Kwoyelo trial must proceed


The International Crimes Division Court has declined to grant a request by the former LRA Senior commandant Thomas Kwoyelo to unconditionally release him from Luzira Prisons on claims of a defective indictment by the Directorate of Public Prosecution (DPP).

Justice Susan Okalany has instead upheld the indictment in which Kwoyelo is charged with 93 counts that stem from the 20 year political insurgency in Northern Uganda.

Kwoyelo though his lawyers Caleb Alaka and Evans Ochieng in order to block his trial, had raised several objections accusing the DPP of charging him with offences that he allegedly committed before the indictment of the international criminal laws and duplicating his offenses among others.

However, Okalany has concurred with the submissions of DPP’s attorney Richard Kamuli that even though Kwoyelo allegedly committed the offenses between 1992-2005, before the establishment of the International Crime Division’s procedural rules, he must be answerable for them as the law provides for retroactive charging in matters drawing their jurisprudence from an international setting.

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