July 11 terror suspect rearrest a second time despite judge’s stern warning
When Judge Margaret Oguli-Oumo of the International Crimes Division acquitted Omar Awadh Omar and four others last week, police were lurking around the cour premises ready to rearrest him. They were beaten to the move by Omar's quick witted lawyers but did not give up. Sunday, they picked him from his mother's home
HUMAN RIGHTS | Omar Awadh Omar had hardly enjoyed his freedom for a week after nine years of incarceration before he was picked up and dragged back into the jail again.
Omar was released last week by Justice Oguli-Oumo, the deputy head of High Court’s International Crimes Division (ICD), after the Director of Public Prosecutions dropped terrorism related charges against him and his four-co-accused.
Though Justice Oguli-Oumo had warned security operatives that re-arresting Omar would constitute contempt of court orders, his lawyers have confirmed that he was picked up by security agencies on Sunday from his mother’s home in Bwebajja along Entebbe road.
“We are told that he was taken to Kireka,” Evans Ochieng said in telephone interview referring to the Special Investigations Unit (SIU), “We don’t know what exactly they want from him.”
Though this website sought clarification from police, calls to its publicist Emilian Kayima went unanswered but police’s approach is most likely to rub the take no prisoners , justice Oguli-Oumo the
wrong way. She warned last week that if Omar is re-arrested it will be “security operatives to go to jail.”
Of the three Kenyans who were on the charge sheet, Omar, predictably, has turned out to be the itchy eczema in the skin of the state since he is resisting being deported back to Kenya as Jeje Odongo, the minister of internal affairs, had directed.
Invoking his powers as minister of home affairs, Odongo wrote to Justice Oguli-Oumo’s court
saying that Omar, Yahya Suleiman Mbuthia, and Mohamed Hamid Suleiman upon being discharged by court were to be deported to Kenya, claiming without any showing any evidence that they were “unwanted immigrants.”
Though Suleiman and Mbuthia ahd no qualms with being deported, justice Oguli-Oumo agreed to Omar’s request that he should be stay here in Uganda as he appeals Odongo’s orders.
Evans Ochieng and Caleb Alaka, who are Omar’s lawyers promptly, filed miscellaneous application in the same court, accusing Odongo of issuing the deportation decree without factoring in the fact that their client is a biological son of the late Omar Awadh, an Arab of Kenyan origin, and Fatuma Abdhara Said, a Munyankore by tribe and Ugandan by nationality.
In fact, the court documents show that Omar, who Judge Owiny-Dollo, absolved of any wrong doing in respect to the 2010 Kampala twin bombings, was born in Kakoba Mbarara District in Uganda on September 20, 1973, his records show.
“That though the Applicant lived in Kenya with his late father and step mothers and assumed Kenyan citizenship, his biological mother has at all times lived in Uganda and has a permanent residence where she resided with her other children,” the application says adding that Omar’s father passed away in Kenya on February 24, 2011 when his son was in prison, in Kampala.
Omar’s lawyers accused Gen Odongo of making a deportation order without giving Omar a hearing.
“That had the minister considered the above; he could not have made such an order when the applicant is clearly Ugandan by birth,” the application, which has been supported by affidavits sworn by Omar and his mother, says.
On Wednesday, Omar is expected to be produced before Justice Oguli-Oumo’s court as his lawyers argue out his application challenging Odongo’s deportation order. But it remains to be seen if the security operatives will produce him and which explanation will they give to Oguli-Oumo in justification of defying her orders.