Tonny Kipoi sent back to jail, left at the mercy of Court Martial
Tonny Nsubuga Kipoi the Former Bubulo West Member of Parliament, will have to await the decision of the military Court before getting bail. The decision was cmmunicated as Kipoi appeared for bail hearing at the High Court where he was denied freedom on Monday.
Justice Jane Francis Aboddo of Criminal Division of High Court while delivering her ruling on Monday, said that the High Court has no powers to grant Kipoi bail as he is currently being tried by the Military Court Martial but advised him to make his application for bail in the Court Martial.
In December Kipoi applied for bail before the High Court claiming he has a fixed place of abode and substantial sureties including Bosco Welikhe a businessman and Moses Empasa a retired Civil Servant.
The former Bubulo MP applies through his lawyer Retired Major Ronald Iduli, further told High Court that he should be released since there is precedence when Michael Kabaziguruka the MP for Nakawa Division was released by High Court Judge Yasin Nyanzi after being charged in the court martial for treason.
Last week during the bail hearing, State Prosecutor Joan Tumwikiririze asked court to deny Kipoi bail arguing that his sureties didn't present to court any document to show permanent place of residence and so did Kipoi.
She added that if court grants bail to the accused, there is likelihood that he may jump bail since his home is not known and also given the applicant is charged in the Court Martial with a serious charge of offences related to security.
Kipoi faces charges of treason and concealment of treason.
Last year Kipoi was arraigned in the Military Court together with six UPDF soldiers for offences related security.
He faces these charges with Albino Okeng, Sgt Adams Mawa, Sgt Yumusu Lemeriga, Corporal Rogers Meru and Private Ijosiga Dodola all attachéd to the Masaka Armoured Brigade.