Mabirizi argued that the State Attorney only takes over proceedings of private prosecution after the Magistrate has drawn up and signed formal charges containing a statement of the offense or offenses alleged to have been committed by the accused.
The Kumi Chief Magistrate’s Court has set October 16, 2023, for the ruling of an application filed by Lawyer, Male Mabirizi challenging the
attempted takeover of his criminal case against the first son, Muhoozi Kainerugaba, the Speaker
of Parliament, Anita Annet Among, and her deputy, Thomas Tayebwa and 21 others for staging unlawful assembly.
Mabirizi filed a Criminal Case No. 274 of 2023 on August 18,
2023, by way of a private prosecution against the group including ministers and
Members of Parliament for allegedly managing an unlawful society dubbed MK
Movement in Teso. The case follows the first son’s tour in the Teso subregion, which attracted thousands of people from Bukedea, Kumi, and Soroti districts.
Mabirizi argues that the accused persons, under an unlawful
society, dubbed the MK Movement/MK Army, organized, managed, and addressed a
political gathering where political statements and activities were made
and performed, contrary to the legal provisions of Uganda. Soon after lodging the case, the Kumi State Attorney, Christine
Kalya Byamugisha, notified the court that the Director of Public
Prosecution- DPP intended to take over the case.
This didn’t go down well with Mabirizi who decided to petition the court. Accordingly, the Kumi Chief Magistrate, Hope Namisi set
September 27, 2023, for the hearing of the application challenging the attempted
takeover of Mabirizi’s case by the DPP.
During the Court session on Wednesday, Mabirizi said that the
State Attorney doesn’t have the capacity to take over the case before the
criminal summons upon, which the Court shall make a ruling on confirmation of the charges filed against the accused are issued. Mabirizi argued that the State Attorney only takes over
proceedings of private prosecution after the Magistrate has drawn up and signed
formal charges containing a statement of the offense or offenses alleged to
have been committed by the accused.
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with the Court to grant her more time to enable her to make written submissions
before the ruling is made. She explained to the court that she couldn’t make oral submissions
because of some office engagements that couldn’t allow her adequate time to
prepare for oral submissions by the set date.
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The Chief Magistrate, Hope Namisi gave the State Attorney up
to October 4, 2023, to make written submissions before the matter is heard on
October 16, 2023.
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Although Mabirizi served all the defendants with notices of
motion of the case, neither the respondents nor their representatives appeared before the court on Wednesday.