Ugandan novelist Kakwenza Rukirabashaija, who was arrested by the country’s security agencies a few days after Christmas is still being denied his constitutionally guaranteed due process.

On Saturday, January 8, the East Africa Law Society (EALS), an umbrella regional bar association of national law societies in the East African Community (EAC) together with their individual members, strongly condemned the violation of the activist's rights as guaranteed under the Constitution of Uganda and several international instruments to which Uganda is a party.

The condemnation came a day after the Uganda Human Rights Commission (UHRC) also asked the government to "immediately" release Rukirabashaija or produce and charge him before a court of law. Ever since his arrest, the UHRC had searched for him to no avail.

Over the past week, human rights actors in Uganda, East Africa and internationally, have relentlessly demanded for the release of the author and human rights activist.

Rukirabashaija was reportedly picked up from his residence in Kisaasi, a Kampala suburb, on December 28, 2021.

Since then, he has been held  incommunicado beyond the 48 hours stipulated under Ugandan Law.  According to the EALS, a court order for his unconditional release secured on January 4, 2022 has not been respected to date.

In a statement, the regional body noted that most importantly, it “strongly condemns the continued disregard of the court order issued in this matter.”

“Respect for court orders is the heart of all judicial systems and the cornerstone for rule of law. We urge the Government of Uganda to respect the court order and afford Mr. Rukirabashaija constitutionally guaranteed due process,” reads part of the EALS statement.

Rukirabashaija is the author of The Greedy Barbarian, a novel which explores themes of high-level corruption in a fictional country, and Banana Republic: Where Writing is Treasonous, an account of the torture he was subjected to while in detention in 2020. In 2021, he was awarded the PEN Pinter Prize for an International Writer of Courage.

The latest and third arrest – he was also arrested in April and September 2020 – it is believed, was on the orders of President Yoweri Museveni, whose  corrupt government he repeatedly criticizes.

Kakwenza has also engaged in a twitter battle with supporters of Museveni’s son, Lt Gen Muhoozi Kainerugaba.

The day before his most recent arrest, Rukirabashaija tweeted about Muhoozi, who is the commander of the Ugandan army’s land forces, saying he had “humongous hips and breasts”.

“He’s obese. How can a soldier who went to genuine military training and exercises everyday have such a sedentary figure? God punishes the corrupt in a good way . . .”

Gen. Muhoozi is the preferred successor for his father, in what is popularly known as the “Muhoozi project.”

On April 13, 2020, after authoring The Greedy Barbarian, the novelist was arrested at his home by officers from the Ugandan Chieftaincy of Military Intelligence (CMI). He was held for a week, during which time he is said to have been  blindfolded, held in solitary confinement, and subjected to inhumane and degrading treatment. Ugandan human rights activists condemned the arrest and torture of Kakwenza.

After 35 years in power, Ugandans are of the view that President Museveni  has over stayed his welcome. His image is much tainted by grand corruption and nepotism. Although Museveni was considered a revolutionary leader when he took power in 1986, his words have not matched his deeds. All that Ugandans received is disappointment, corruption, nepotism and gross violation of their rights beyond what was experienced in all previous regimes combined.

Kakwenza comes as a sacrificial lamb for Ugandans. He decided to speak the truth to the powers.

Frank Gashumba, a critic of president Museveni says that Museveni will never be removed from the presidency by the ballot box. For anyone who believes it, “it’s like asking someone to draw water from Lake Victoria using a basin,” Gashumba said.

Gashumba says that Museveni is in power not because of the ballot but because of the army, specifically, the Special Forces Command (SFC),  an elite military unit charged with protecting the president and various other special tasks. “Museveni is in power because of SFC not UPDF to protect Rwakitura kingdom,” Gashumba says.

The SFC mainly comprises Museveni’s tribe’s men - the Bahima, which is a representation of tribalism even within the armed forces. 

In the last two general elections, Museveni used the SFC to beat up, intimidate, imprison and kill members of the opposition.

Cases of ballot stuffing were widely reported in the country. It is believed that Museveni did not win the last two elections but has used the barrel of the gun to keep himself in power.

The National Unity Party (NUP) leader Robert Kyagulanyi,  alias Bobi Wine, who was the main challenger of president Museveni in the last general elections, has been under detention and house arrest several times. Kyagulanyi who is also a celebrated musician decided to channel his political messages in music.

The messages are directed to president Museveni focusing on his dictatorial regime.  In songs like   "Ogenda," loosely translated as "You're Going," which predicts the end of Museveni’s rule and “Akakatengo,” (shiver), Bobi Wine sings that Ugandans are tired of Museveni.

Museveni is a proud and arrogant man corrupted by power and believes that he is the only one with a vision to rule Uganda.

According to Museveni’s wisdom, if he is to leave power, then his son, his brother, Gen. Salim Saleh, or even his wife, Janet Museveni, are the preferred candidates to replace him - as if Uganda is a Kingdom under the Museveni dynasty!

Museveni, like his friend the former Sudanese President, Field Marshal Omar Hassan Ahmad Al-Bashir, believes in military power.

Bashir who had been in power for 30 years, from 1989 saw his carefully constructed edifice of power crumble in 2019, as the citizens were tired of him.

Similarly, when Museveni refuses to read the signs of the times, the only option is to go the Bashir way.

 The only difference is that Museveni’s brutality is likely to shed the blood of more innocent Ugandans.