{A High Court Judge has recused himself from hearing the murder case against city businessman Andrew Kananura commonly known as Desh Kananura.}
Justice Masalu Musene on Tuesday withdrew from the case citing local newspaper reports that accused him of having personal interest in the matter, a reason it has dragged on since 2013.
Justice Musene explained that there was a bold headline ‘it’s not yet over’ in a local newspaper on a story alleging that while he was at Nakawa High Court, he rejected the transfer of the case to the High Court in Kampala.
“… the same newspaper stated in its story that a year later when the case was transferred to the High Court, I was also transferred purposely to hear it,” Justice Musene said.
“The image portrayed by this newspaper showed that I had personal interest in this case. I not only have 40 cases in this session, there over 300 others waiting for me to hear,” he said.
Adding that: “…put this on record, for justice to be served, I decline to hear this case and therefore refer it back to the Deputy registrar High Court Criminal Division for reallocation.”
Desh is charged with murdering Badru Kateregga, who was an employee at his Panamera Bar in Naguru, four years ago. He is charged with four others who include; his brother Raymond Kananura, Cyrus Maganda, Samuel Muzulewa and Jacob Onyango.
In 2014, the case stalled after state continuously swapped prosecutors whenever it was fixed for hearing. The last prosecutor Ms Jane Okuo sought court to adjourn the matter to another criminal session in 2015 citing it is not a simple matter since she had over 40 witness statements for each of the accused persons.”
This is the third time that the case was fixed for hearing in a criminal session.
Prosecution states that on September 31, 2012 at Desh’s Panamera Bar, the accused persons beat and killed Kateregga, a bar attendant, over Shs30, 000 the deceased had received as a tip from a customer.
On January 19, 2013 Mr Desh who had left the country after Kateregga’s death, was arrested at Entebbe Airport on his return from the UK.
Three days later, he was charged and remanded to Luzira Prison for murder. In February 2013 the High Court released Mr Desh on a Shs20million bail.
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