Mr Matthew Kanyamunyu, the key suspect in last year’s murder of child rights activist Kenneth Akena, has filed his intention to appeal the decision of the High Court to deny him bail.
“Take notice that the appellant, being dissatisfied with the decision of the High Court Criminal Division, intends to appeal to the Court of Appeal against the whole judgment,” reads in part the notice filed in the Court of Appeal on Tuesday by Kanyamunyu’s lawyers of Alaka and Company Advocates.
On March 28, High Court judge Yasiin Nyanzi rejected Mr Kanyamunyu’s bail application, saying court has a duty to protect society from lawlessness.
Justice Nyanzi explained that although the suspect still enjoys the presumption of innocence until proven guilty, he is “disfavoured by the fact that court has a duty to protect society from lawlessness given the nature of the allegations against him.”
The judge said he reached the decision to reject Mr Kanyamunyu’s bail application after being persuaded by the affidavit of State Attorney Barbra Masinde, who indicated that the suspect has capacity to interfere with witnesses and the evidence.
However, the same judge granted bail to Mr Kanyamunyu’s co-accused, girlfriend Cynthia Munwangari and his brother Joseph Kanyamunyu pending their trial in the High Court.
The prosecution states that the three suspects on November 12 last year, on Kampala-Jinja Road near Malik Car Bond, opposite Uganda Manufacturers Association Show Ground in Nakawa, conspired to kill Akena and or to conceal their culpability in the murder.