THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF MUKONO

AT MUKONO

CRIMINAL MISC APPLICATION NO 07 OF 2019

(ARISING FROM CRIMINAL CASE NO 35 OF 2019)

PROTEST NWAGE……………………………………. APPLICANT/ACCUSED

VS

UGANDA ……………………………………….RESPONDENT/ PROSECUTOR

NOTICE OF MOTION

(Under Articles 50 and Article 23(4) of the Constitution of the Republic of Uganda, and
Section 25(3) of the Police Act Cap 303)

TAKE NOTICE that this Court shall be moved on the 17th day of October, 2019 at
8: 00 o’clock in the fore noon or soon thereafter as the Applicant will be heard on an Application
that or orders that.

1. An order doth issue against the Respondent and his agents to unconditionally release the
applicant from police custody
TAKE FURTHER NOTICE that the grounds upon which this application is based are contained in
the Affidavit in Support of Mrs. Wendy Nwage, wife to the Applicant stating the grounds which
shall be relied on but briefly they are that:

1. The Applicant was arrested on allegations of committing the offence of Theft Contrary to
section 254 and 261 of the Penal Code Act Cap.120 and the offence of Malicious Damage to
Property contrary to section 335 of the Penal Code Act Cap. 120 on the 19th day of
September 2019.
2. The Applicant has been detained at Bulele Police Station to date and has never been
arraigned before the Court to be charged with any offence
3. That the applicant has since been denied police bond
4. That the applicants constitutional right to personal liberty is being violated
5. That it is just and equitable that this court grants unconditional release of the applicant

Dated at Kampala this 16th day of October 2019

Protest Nwage
APPLICANT

Lodged in the Court Registry this 16th day of October 2019

…………………………………………..
MAGISTRATE
 THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF MUKONO

AT MUKONO

CRIMINAL MISC APPLICATION NO 07 OF 2019

(ARISING FROM CRIMINAL CASE NO 35 OF 2019)

PROTEST NWAGE……………………………………. APPLICANT/ACCUSED

VS

UGANDA ……………………………………….RESPONDENT/ PROSECUTOR

AFFIDAVIT IN SURPPORT OF NOTICE OF MOTION.

I, Wendy Nwage Of Luguzi Village, Bukasa, Mukono District, Uganda do solemnly swear / affirm
and state as follows.

1. That I am a female adult Ugandan of sound mind and of the above particulars and the spouse to
the applicant in which capacity I swear this affidavit
2. That my husband was arrested on the 19th Day of September 2019 on allegation of committing
the offence of Theft Contrary to section 254 and 261 of the Penal Code Act Cap.120 and the
offence of Malicious Damage to Property contrary to section 335 of the Penal Code Act Cap.
120
3. That the applicant has since been held in police custody without being formally charged
4. That I have been informed by my lawyers who I believe to be true to the best of my knowledge
that the applicants fundamental rights have been violated
5. That following the long period spent in detention without trial, I believe that my rights to a fair
and expeditious trial have been violated.

6. That It is just and equitable that the applicant be released unconditionally

7. That I undertake to abide by the terms and condition imposed by this honorable court and I
ensure that I will attend court whenever required by this Honorable Court.
8. That whatever I have stated herein is true and correct to the best of my knowledge and belief and
whatever is from without the source disclosed herein.
Sworn at Mukono this 16th date of October 2019

By the said.

Wendy Nwage
Deponent
BEFORE
…………………………………………………..

Commissioner of Oaths

DRAWN AND FILED BY

FIRM E1A and Co. Advocates

THE LC1,

ROBERT KWAKUWA

LUGAZI VILLAGE

BUKASA,

MUKONO DISTRICT

TO WHOM IT MAY CONCERN

This letter serves to introduce to you Mr. PROTEST NWAGE, and certify that he is a resident of
Lugosi Village Bukasa Mukono District. He is a reputable and honest member of our village.

Any assistance accorded to him will be highly appreciated.

Yours in Service

Robert Kwakuwa

LC1

Lugazi Village.
THE LC1,

IZO NSAMBOZO

LUGUZI VILLAGE

BUKASA,

MUKONO DISTRICT

TO WHOM IT MAY CONCERN

This letter serves to introduce to you Mr. ISAAC NSAMBA, a resident of Luguzi Village Bukasa
Mukono District. He is a reputable and honest member of our village.

Any assistance accorded to him will be highly appreciated.

Yours in Service

IZO NSAMBOZO

LC1

Madang Village.
THE LC1,

LUKWAGO ELI

MBUYA VILLAGE

NAKAWA

KAMPALA DISTRICT

TO WHOM IT MAY CONCERN

This letter serves to introduce to you Ms. KAMAHORO HELLEN a resident of Mbuya Village,
Nakawa Kampala .She is a reputable and honest member of our village.

Any assistance accorded to her will be highly appreciated.

Yours in Service

LUKWAGO ELI

LC1

Mbuya Village.