The High Court yesterday ordered the release of Capt (rtd) David Kabuye.

Kabuye was acquitted of the charge of inciting the public to rise up against the state but convicted of uttering public insults.

The court sentenced him to five months in jail for the latter count but ordered his release because of time served while awaiting the conclusion of his trial.

"None of the witnesses was able to prove to the court that the suspect made the defamatory statements in public. Therefore, the suspect cannot be found guilty of inciting the population into insurrection,” presiding judge Timothée Kanyegeri ruled.

Prosecution had accused Kabuye to inciting the public with claims that dead bodies seen floating in Lake Rweru were for people kidnapped from Rwanda and Uganda.

According to the prosecution, Kabuye had committed the crimes between August 2014 and February 2015 while being held at Nyarugenge Prison.

Kabuye was, however, found guilty of insulting a prison guard, Sgt Ephrem Mutamaliwa.

Both the defence lawyer and the prosecution were not present in court when the ruling was read.

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