By Timothy Nsubuga

Is he sacrificing his officers to escape justice?

25^th April 2011: The Inspector General of Police Maj. General Kayihura has decided to distance himself from his brutal officers who have been terrorising civilians during the ‘Walk-to-Work’ protests as a way of “building his defence” against possible charges at the International Criminal Court [ICC]; a top Kampala Lawyer has said.

Speaking to Uganda Correspondent from his law firm on Luwuum Street, the elderly ‘Senior Counsel’ who preferred to remain anonymous said, “…watching that NTV clip it is very clear to me that Kayihura has now decided to selfishly hang his officers to dry in an effort to distance himself from their brutality against peacefully protesting civilians”.

Kayihura is already building his ICC defence

The Lawyer also said he believes General Kayihura’s recent actions, like his much publicised ‘fact finding mission’ to Kasangati and the press briefing at which he lambasted his officers for saying they responded violently with ‘orders from above’, all suggest that he is already building his defence.

“…Kayihura is a Lawyer.  He is also not blind or deaf.  He has seen and heard all the warnings that people are sending him about him risking an ICC indictment because of his overzealousness.  I have no doubt in my mind that he is already building his defence.  That is both legal and legitimate.  My only problem is that he doing it by sacrificing his loyal officers.  That is morally objectionable”, the wise old Lawyer said with a degree of rage.

Kayihura’s efforts may be an exercise in futility

The ‘Learned’ old man however cast doubt over Kayihura’s prospects of success.  In his view, Kayihura will find it very difficult to disassociate himself from his officers’ brutality given that he has in the past condoned by silence the very actions that he now wants to run away from.

“…My son, I have been in practice a long time.  Judges are human beings.  That means like us, or perhaps even more than us, they can see through Kayihura-type plots to escape justice.  Even without evidence of express orders, Kayihura can still be held vicariously liable for his officers’ brutality.  That is the basis upon which public officials are forced to take responsibility for their subordinate’s excesses”, the Lawyer said.

Police officers advised to expose or rebel against Kayihura

In his concluding remarks at the brief 15minute interview, the elderly ‘Senior Counsel’ had these words of wisdom for the police officers Kayihura is trying to sacrifice in order to avoid criminal responsibility at the International Criminal Court.

“…There comes a time when every man has to fight for himself.  That is exactly what Kayihura is doing.  If I was one of the police officers Kayihura is trying to blame and in fact sacrifice in order to escape ICC justice, I would expose him at once.  If need be, I would even rebel in the interest of self-preservation”, the Lawyer said.

Our efforts to get a comment from Gen. Kayihura were futile.  END.  Please login to www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.