According to Attorney General Kiryowa Kiwanuka, the petitions are not only brought in bad faith but were filed with intentions to destroy and overthrow the Constitutional social order by seeking court orders for the protection of an unconstitutional and illegal act of homosexuality.
The law which targets lesbian, gay, bisexual, transgender and queer people, among others, imposes capital punishments for same-sex relations and engaging children below 18 years into homosexuality. A death penalty now awaits those found guilty of aggravated homosexuality and a 20-year jail term for those promoting” homosexuality.
In their application through their lawyers led by Robert Rutaro, the applicants said the contentious decision was reached on July 8th 2022 and communicated in a letter issued by the NRM Secretary General, Richard Todwong
Justice Ssekaana made the order on Friday saying that he had received a complaint from Dr. Isaac Lwanga Byangire one of the people listed among the applicants saying that the lawyers who drafted the documents had not sought his consent prior to putting him on the list of the applicants.
The petitioners contend that by ring-fencing the positions EALA positions, they were denied an opportunity to democratically contest for election, which violates their constitutional rights.
In a letter to the Registrar of the Constitutional Court, the UNATU General Secretary Filbert Bates Baguma says he was listed as one of the witnesses without his consent.
Court presided over by Grade One Magistrate Sanula Nambozo on Friday halted the proceedings and forwarded the file to the Constitutional Court as requested by Mabirizi for its interpretation.
On Tuesday, when the matter came up for mention before Buganda Road Grade One Magistrate, Sanula Nambozo, State Attorneys Joan Keko and Ivan Kyazze informed Court that they had instructions from the Director of Public Prosecutions to take over the matter.
According to Mabirizi, this is not a case that needs to be rushed because the petitioner Rutaro has a personal vendetta against him, hatred and bad relationship between them which has since become sour
