Kampala businessman and socialite Nasser Nduhukire, also known as Don Nasser, raised ten grounds for bail on Thursday, November 28, as he also alleged to have been kidnapped in Kenya, leading to his detention.
Nduhukire, who is battling charges of aggravated trafficking in children and defilement; together with his co-accused Promise Ateete, through his lawyers asked the International Crimes Division of the High Court to grant him bail citing the move as his fundamental right. Don Nasser also contends that he is still presumed innocent.
Among the other grounds for bail, Don Nasser indicates that the “court has the power and discretion to grant bail at any stage of the proceedings with or without exceptional circumstances, has a fixed place of abode with substantial sureties, law-abiding citizen who has never absconded bail- and the offence is bailable.”
In his affidavit in support of his bail application, Nduhukire stated that he is a businessman operating within and outside the country and a resident of Kira Municipality for over eight years.
“That on September 20, 2024, while on a business trip in Nairobi, I was unlawfully kidnapped and without due process of the law returned to Uganda and detained at Kira Road Police station for three days,” Nduhukire emphasized in his affidavit.
He further narrated that he was arraigned in the Chief Magistrate’s court of Buganda Road on September 23, 2024, and subsequently remanded to Luzira prison where he has been on remand for close to two months.
“It is well known that court takes on trial on the basis of “first in, first out” wherein the old pending cases are given priority in cause listing and hearing thereby giving me a minimal possibility of my case being heard soon,” reads in part Nduhukire’s bail application.
Court documents further indicate that Nduhukire sought bail reasoning that he has a school-going child, and the suspect is the sole breadwinner of a family which includes various elderly relatives, thus his continued incarceration will greatly affect their livelihood.
On November 25, the Buganda Road Chief Magistrate’s court committed Nduhukire and Ateete to the International Crimes Division of the High Court at the next convenient court session after completion of the investigations in their case.
Trial judge Andrew Bahaija directed the prosecution to file the affidavit of detective constable Ruth Tumwikirize in response to the application on December 6, and the defence to submit their rejoinder and supporting documents by December 10.
The judge also ordered the state to file their submissions in reply by December 13 while the defence, if they have any rejoinder, by December 17. The case was adjourned to December 18 for examination of the witnesses.
The state alleges that Nduhukire and Ateete -between May 23, 2024, between Acacia a-Avenue, Tagore Apartments-Mawanda Road in Kampala District and at Kito Zone in Kira Municipality, Wakiso District, by means of fraud or of abuse of power or of a position of vulnerability received or transported or harboured a girl aged 16 years for sexual exploitation.
The charge sheet further indicates that Ateete procured a girl aged under 18 to have unlawful sex connection with Nduhukire.
According to evidence, the Director of Public Prosecution (DPP) intends to consider during the hearing of the case, there are documentary exhibits, charge and caution statements, Pesapal payment slip, travel history of Nduhukire and a guest reception registration book of Tagore Apartments among others.
