The question at the center of the debate is whether a sitting President who is protected from being sued can on the other hand sue under the same constitution that granted him immunity.
Article 98 clause 4 of the Constitution of the Republic of Uganda gives immunity to a sitting President not to be subjected to any court proceedings except in presidential election petitions.
Kahonda says that the petition filed by Godfrey Kahonaho before the Electoral Commission should not be heard and determined until an appeal challenging his nine-year sentence on charges of forgery and impersonation is determined.
Accordingly, Justice Mubiru advised the Defense lawyers who had labored much to explain the need for adjournment to either reconsider their decision or to make sure their request and plea-bargaining does not prolong the trial.
The legal team led by Evans Ochieng says that the matter of Glaser’s waning health was brought to the attention of the courts several times, as a ground for his bail application. However, the system kept him incarcerated well knowing that his life was at stake.
The Judge asked the relevancy of all the questions but he was told by Alaka that they want to prove that Akena died of surgical operation and once the Pathologist brings in his handwritten notes so that they compare with the final findings in the typed copy. Mubiru seemed bitter and said he was in charge of his court as the grilling of the witness had become uncontrollable and misguided because the Defense seemed unprepared ,according to him.
Basajjabalaba was dragged to court by Legal Brains Trust in 2012 on allegations of using government officials, Bank of Uganda and four commercial banks to facilitate theft of shillings 142 billion from the Consolidated Fund.