On 30th August 2023, the Office of the Speaker of Parliament Annet Anita Among received Court Summons informing her that Kumi Chief Magistrate will kick off the hearing of criminal charges instituted against her on 27th September 2023.
According to the summons seen by this reporter, the Chief Magistrate will hear the application filed by city lawyer Male Mabirizi challenging the actions of the Kumi Resident Senior State Attorney (RSSA) to take over his criminal case against Among and other 23 suspects.
Mabirizi based on Section 48(1) of the Magistrate Courts Act which states that, “Where the person summoned is in the active Government service. Summons shall ordinarily be sent in duplicate to the head of the office in which that person is employed”.
Last month, Mabirizi instituted criminal charges against A1. Muhoozi Kainerugaba, A2. Among Annet Anita, A.3 Tayebwa Thomas, A4. Achieng Jane Ruth, A5. Ogwang Peter, A6. Mbayo Esther, A7. Michael Mawanda Maranga, A8. Magogo Moses, A9. Kabanda David, A10. Kimosho Dan, A11 and Igeme Nathan Nabeeta, A12.
Other included; Amongin Jacqueline, A13. Achayo Juliet, A14. Muwuma Milton, A15. Namujju Cissy, A16. Amooti Bright, A17. Auma Hellen, A18. Isiagi Patrick, A19. Rwakajara Arinaitwe, A20. Tanda Odoi, A21. Derrick Orone, A22. Bagaruhare Balam Ateenyi, A23 Kyeyune Haruna Kasolo, A24.
In his private prosecution charge sheet, Mabirizi claims that on Monday 14th August, 2023 at Kachumbala Mission Health Centre II Play Ground, Kachumbala town, Kachumbala Sub County, Bukedea district, the accused persons with others still at large under an unlawful society called MK Movement/ MK Army organised, managed and addressed a political gathering and made public political statements and performed political activities which were believed to constitute charges of managing unlawful society contrary to Section 56(1), 56(2)(a)(v) and 57 of the Penal Code Act, Cap 120.
Mabirizi further slapped the accused persons with charges of holding out as being a member of an unlawful society contrary to Sections 56(1)(a)(v) of the Penal Code Act.
He also charged them with the offence of Conspiracy to commit a felony contrary to Sections 180 of the UPDF Act 2005 and 390 of the Penal Code Act.
Other charges are uttering a speech likely or calculated to encourage the support of an unlawful society contrary to Sections 56(1), 56(2)(a)(v), 58(c) of the Penal Code Act.
The accused persons are also charged with the offence of scandalous conduct by officers, Conduct prejudicial to good order and discipline, Disobedience of statutory duty, Common nuisance and Conspiracy to commit misdemeanors.
In the same development, Mabirizi has also warned Among, her deputy and Members of Parliament not to participate in the move to scrap Private Prosecution from the laws of Uganda.
Last week, parliament granted Paul Akamba, the Busiki County MP leave to introduce a private member’s bill, seeking to end private prosecution in Uganda and have it reserved only for the office of the Director of Public Prosecution (DPP) and the Inspector General of Government (IGG).
In his argument, Akamba pointed out loopholes in the 52year old Magistrates Courts Act Chapter 16 that commenced in January 1971 that gives private individuals in Section 42 (1)(c) the right to make a complaint as provided in subsection (3) and apply for the issuance of a warrant or a summons in the Magistrates Act in section 42(3).
He insisted that reliance on the magistrate alone and local chief of an area can’t be equated to the arms of the two offices (the DPP and IGG) that work together with other security agencies for collection of water tight evidence.
He added that the DPP’s take over or discontinuation of private criminal proceedings is intended to guarantee the credibility of process.
Akamba was supported by human rights lawyer Asuman Basalirwa who is also the Bugiri Municipality MP who seconded the motion.
Basalirwa argued that the framers of the constitution did envisage that matters of prosecution are a preserve of the DPP and although there are provisions under the same constitution that allow private prosecutions, ultimately, the same constitution allows the DPP to take over all private prosecutions.
Deputy Attorney General Jackson Kafuzi protested the move by the speaker granting Akamba leave to present the said amendments noting that they should first give them time to come up with a legal opinion.
However, in his letter, Mabirizi cited Rule 127 of Rules of Procedure of Parliament, 2021 provides that, “A Bill, Motion or amendment shall not be introduced in the House which is… likely to result in the derogation from the enjoyment of any of the particular human rights and freedoms specified in article 44 of the Constitution”.
He added that the Speaker of parliament who presided over parliament which granted Akamba leave to introduce the amendment is very biased since the presiding officer (Speaker Among) is facing Criminal Private Prosecution at Kumi Chief Magistrate’s Court.
He further noted that other top legislators and ministers who supported the move to grant Akamba leave like Prime Minister Robinah Nabbanja, Basalirwa, Mathias Mpuuga are all facing private prosecution at City Hall magistrate’s court; that is the reason why they are supporting the said amendments.
By Sengooba Alirabaki
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