High court asks Wakiso magistrate to forward Kyagulanyi’s case file
Kampala, Uganda | THE INDEPENDENT | The Deputy High Court Registrar Mary Kisakye Kaitesi has asked Wakiso Chief Magistrate to forward the file relating to the case of forgery and uttering false documents against the National Unity Platform-NUP president Robert Kyagulanyi Ssentamu.
In her September 24th, 2020 letter, Kaitesi says the file is required to help the High Court to review the proceedings that resulted into the Magistrate’s decision allowing the Directorate of Public Prosecution to take over the criminal proceedings that were initially instituted by Male Mabirizi by way of private prosecution.
“You are requested to forward the original file with certified copies of judgments and proceedings and exhibits as soon as possible”, reads the letter in part.
In August 2020, Mabirizi instituted private criminal proceedings against Kyagulanyi for allegedly uttering false academic documents during his nomination for the Kyadondo East parliamentary by-elections in 2017. Mabirizi argued that the names on Kyagulanyi’s Uganda Certificate of Education are different from those that appear on his Uganda Advanced Certificate of Education.
However, on September 16, 2020, the DPP made a request to Wakiso Grade One Magistrate Esther Nyandoi to take over the matter, which was granted. The DPP’s request to take over the matter was presented by State Attorney Emily Ninsiima, saying it is within their mandate to take over all criminal proceedings in the country.
The magistrate’s decision allowing the DPP to take over the matter didn’t go down well with Mabirizi prompting him to file an application in high court for a judicial review. He faulted the magistrate for failure to rule whether it was lawful to proceed in the absence of Kyagulanyi and failure for the court to demand the State Attorney to produce instructions from DPP as he had requested during proceedings.
Mabirizi also faulted the Magistrate for failure to issue a warrant of arrest or criminal summons against Kyagulanyi for his failure to turn up in court despite being served. He asked High court to set aside the proceedings and reinstate him as the prosecutor.
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