Busobozi asked Court to direct Kyazze to take oath for cross-examination on his submission. Speaking on behalf of the team, Bazekuketta explained that they want to cross-examine the State Attorney over his claims that the DPP is still inquiring into the matter, saying there was no evidence to this effect.
Buganda Road Court Grade
One Magistrate, Marion Mangeni is to determine whether or not State Prosecutor,
Ivan Kyazze should take to the stand for cross-examination in the case of offensive communication against city lawyer Isaac Ssemakadde. She said this on Tuesday
following an application by Ssemakadde’s defense team to cross-examine Kyazze in
relation to his submissions in the case.
In February 2022, city
lawyer Robert Rutaro Muhairwe dragged Ssemakadde to the court by way of
private prosecution for allegedly using his Twitter handle to attack Civil
Division, High Court Judge Musa Ssekaana. He argued
that the obscene messages were meant to
embarrass the Judge and lower his self-esteem in front of right-thinking
members of the society. Rutaro asked the court to summons Ssemakadde
to answer for criminal libel, offenses prejudicial to judicial proceedings and
In March 2022, the Director of Public Prosecutions decided to take over the matter drawing
protests from Ssemakadde. He argued that the takeover would among others amount
to double jeopardy since he is being prosecuted for similar offenses pending
investigations at the CID Headquarters in Kibuli. Ssemakade also argued that Buganda
Road Court has no jurisdiction to try him over the offenses.
lawyers also filed an application challenging
the legality of the pending charges against their client.
As a result, the
magistrate directed the state to respond to the submission from Ssemakadde’s
legal team. On Tuesday, Kyazze told the court that the constitution mandates
the DPP to take over any criminal proceedings and discontinue them at any stage
except when it's pending judgement.
He explained that the DPP had studied Ssemakadde’s
application and is still inquiring about whether or not to continue with the case.
Shortly after Kyazze’s submission, Ssemakadde’s legal team comprising Derrick
Bazekuketta, Stanley Oketcho, Gawaya Tegulle and Pius Katumba.
Busobozi asked Court to
direct Kyazze to take oath for cross-examination on his submission. Speaking on
behalf of the team, Bazekuketta explained that they want to cross-examine the
State Attorney over his claims that the DPP is still inquiring into the matter,
saying there was no evidence to this effect.
//Cue in: "Sabawoleleza wa gavumenti...
Cue out: ...okumusoya ebibuzo,"//
//Cue in: "And the Defense...
Cue out: the institutions are,”//
Gawaya Tegulle also asked the Court to direct
the DPP to declare if she has a conflict of interest in the case and whether she
is interested in Ssemakadde conviction before the State concludes similar
investigations, which are pending at the CID Headquarters.
After listening to both
parties, Mangeni adjourned the court to June 17th, 2022 to deliver
her ruling. Ssemakadde ran into trouble
when he took to his social handle and posted messages blasting Justice Ssekaana
shortly after convicting Male Mabirizi shortly to 18 months in jail for
contempt of Court.