KAMPALA, Uganda — A single tweet from Gen Muhoozi Kainerugaba, the influential son of President Yoweri Museveni, has plunged Uganda into a heated discussion about the very bedrock of its justice system.
Posted recently, Gen Kainerugaba’s widely shared message declared: “I hear that our Intelligence officers arrested Col. Kasule for something. He should immediately be released. Col. Kasule is one of our old fighters. I know him very well. I shall deal with him myself.”
This forthright directive, issued by a figure of immense political and military weight — the Chief of Defence Forces (CDF) of the Uganda People’s Defence Force (UPDF, instantly sparked concerns that the principles of due process and equality before the law might be, at best, sidelined, and at worst, utterly disregarded.
The “something” that led to Col James Kasule’s arrest is a grave matter: assisting investigators in unraveling an alleged armed robbery and kidnapping incident targeting a gold dealer in Mubende District.
Col Kasule, the 2nd Deputy Divisional Commander in the Uganda People’s Defence Forces (UPDF), was taken into custody after security sources revealed details of the incident that transpired on Saturday.
According to these sources, Col Kasule and an accompanying group of soldiers reportedly seized a gold dealer under unexplained circumstances, suspected of carrying a substantial amount of cash from recent gold sales.
Following this seizure, the dealer was allegedly compelled to contact associates to transfer funds to his mobile money accounts, from which the money was subsequently withdrawn.
Sources further suggest a potentially murky motive behind Col Kasule’s alleged involvement: he himself might have been defrauded in an illicit gold transaction, prompting him to purportedly take matters into his own hands to recover his losses.
In a development reportedly causing significant embarrassment within military authorities, investigators later discovered Col Kasule’s official military vehicle at the crime scene. This discovery provides crucial evidence directly linking him to the alleged operation and raises pointed questions about whether the officer misused his official capacity and state resources to facilitate criminal activity.
Following his arrest, Col Kasule was transferred to Makindye Military Barracks, where he remains in detention as investigations continue.
Sources indicate that if these serious allegations are substantiated, Col Kasule could face multiple charges, including armed robbery, kidnapping, abuse of office, and extortion.
Efforts to obtain immediate comment from the military spokesperson were unsuccessful, with Army spokesman Maj. Gen. Felix Kulayigye stating he had just resumed his duties after an extended leave and was yet to obtain information about the matter.
An internal disciplinary inquiry is reportedly underway, running parallel to the police investigations.
Gen Muhoozi Kainerugaba’s pronouncement, demanding an immediate release without the customary recourse to established legal channels, strikes at the heart of what a fair and impartial justice system stands for.
It presents a stark challenge to the notion that all citizens, regardless of their past allegiances or personal connections, are subject to the same legal scrutiny.
When a high-ranking official can seemingly bypass the standard procedures for arrest, investigation, and trial, it inevitably casts a shadow over the integrity of the nation’s legal framework.
At the core of any functional justice system lies the imperative for individuals accused of wrongdoing to undergo a thorough investigation, culminating in a fair trial if sufficient evidence warrants it.
This process is not merely a formality; it is the fundamental mechanism through which guilt or innocence is definitively established.
Gen Kainerugaba’s assertion that he “shall deal with him myself” inadvertently suggests an alternative, personal form of justice that could potentially circumvent this essential fact-finding process. Such an approach raises significant questions about accountability.
If Colo Kasule has indeed committed an offense, a release without proper investigation or trial would mean he is not held responsible for his actions, thereby denying justice to any potential victims and, more broadly, eroding the public’s faith in the state’s capacity to uphold the law.
Furthermore, the very idea of bypassing established legal norms has a ripple effect on deterrence. The knowledge that legal consequences await criminal acts is a powerful disincentive.
Should prominent figures be seen to circumvent the law based on personal influence, it fosters a dangerous culture of impunity, suggesting that a select few operate above the legal fray.
Transparency, too, is a casualty in such scenarios. The public has an inherent right to understand the reasons behind an arrest and the eventual outcome of a case. A transparent legal process is crucial for building confidence in the state’s commitment to justice for all citizens, irrespective of their social standing or historical contributions.
Uganda’s constitution and various laws meticulously outline the procedures for arrest, detention, investigation, and trial. Any departure from these established norms, particularly when influenced by a powerful individual, establishes a perilous precedent, weakening the very foundations of the country’s legal system.
Even within the military justice system, as outlined by the Uganda Peoples’ Defence Forces (UPDF) Act, proper investigation and adherence to due process are expected, despite ongoing concerns regarding military court jurisdiction and fair trial standards in certain cases.
Col Kasule, who was scheduled to retire from active service next year, has held several sensitive command positions throughout his distinguished military career, including commanding the UPDF Mountain Brigade and serving as the operations commander of Operation Shujaa in the eastern Democratic Republic of Congo (DRC).
His alleged involvement in such serious criminal conduct has sparked uncomfortable questions within security circles regarding what some perceive as growing instances of indiscipline, corruption, and criminal infiltration within certain segments of the armed forces. Security analysts caution that this case may signal a broader systemic issue.
“We are beginning to see more incidents where some officers, particularly those nearing retirement, engage in rogue operations or abuse their positions to accumulate quick wealth,” remarked one military source who requested anonymity due to the sensitive nature of the subject. “It undermines public trust in the security forces and poses a serious national security concern.”
Uganda’s gold trade, much of which operates informally and with insufficient regulation, has long been a magnet for criminal enterprises, including smuggling, fraud, and violent extortion. The incident in Mubende, a region known for its small-scale gold mining activity, underscores the persistent vulnerabilities surrounding this lucrative sector.
Also Read: Four Ugandan police officers remanded over $105,000 gold heist
Gen Kainerugaba’s commitment to “deal with him myself” is perhaps the most unsettling aspect of his tweet. It hints at the existence of a parallel system of justice, where personal relationships and influence trump formal legal institutions.
This approach is inherently vulnerable to arbitrary decisions, selective application of justice, and a profound lack of transparency. It also leaves open the critical question of whether any such “dealing” would genuinely involve legal proceedings or merely an informal, unaccountable resolution.
At the time of publication, it remained unclear whether any accomplices linked to Col James Kasule had also been apprehended.
In a nation striving for robust governance and adherence to democratic principles, it is paramount that all individuals, from “old fighters” to the newest citizens, are held to the same legal standards.
The immediate release of an arrested individual without the benefit of due process, simply at the behest of a high-ranking official, represents a direct challenge to the fundamental tenets of justice and equality.
For the truth to genuinely emerge, and for justice to be unequivocally seen to be done, Col Kasule, like any other citizen under arrest, must be afforded a proper investigation and, if the evidence dictates, a fair trial in a court of law. Only then can the integrity of Uganda’s legal system be truly preserved.
