Court Sets Date to Determine DPP's Takeover of Muhoozi, Speaker Case

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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Byamugisha pleaded 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.