On July 25, the court issued criminal summons for Gen Kayihura and seven police officers for having taken part or sanctioned the beating of Col Kizza Besigye's supporters on July 12 and on July 13 in Kampala.

They are scheduled to answer charges of torture. According to the court summons, Gen Kayihura, Andrew Kaggwa, the former regional police commander, Kampala North, Moses Nanoka, the former divisional police commander for Wandegeya police station James Ruhweza, the former head of Operations Kampala Metropolitan, Wesley Nganizi, the regional police commander Kampala North, and other police commanders still at large face charges.

According to the Police Act, the Inspector General of Police (IGP) can suspend any police officer charged with criminal or disciplinary offenses.

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However, when it is the IGP who is facing criminal charges, he is sanctioned by the Public Service Commission standing orders, The Observer has learnt.

In this case, Kayihura can only be interdicted by the Public Service Commission because he is at the level of a permanent secretary and beyond.

"Kayihura cannot be interdicted by the Police Authority basing on the Police Act because he heads the police authority," a source from the police legal department said.

The officer said it is only the Public Service Commission, which can act on Kayihura. Sam Mubiru, the deputy communications officer in the ministry of Public Service, adds:

"Any public servant who is dragged to court on criminal offences must leave office until court clears him or her and the standing order takes immediate effect."

So, appearing in Makindye court may force Kayihura to vacate his position, something that may expose him to the risk of more criminal charges and absence from office.

Incidentally, Kayihura has already used the Police Act to suspend four senior police officers accused of the brutality. Those interdicted include Kaggwa, Nanoka, Samuel Bamuzibire, the former field force commander and Patrick Muhumuza, the former field commander for Katwe Police station.

The officers are also facing police disciplinary committee charged with excessive use of force and exhibiting discredit- able conduct during the beating of Besigye's supporters in Kampala and Wakiso.