Kumi court sets date to hear Mabirizi’s application

Kumi, Uganda | THE INDEPENDENT | The Kumi Chief Magistrate Hope Namisi has scheduled September 27, 2023, for hearing an application, in which Male Mabirizi is contesting the attempted takeover of his case against Speaker of Parliament, Anita Annet Among, first son Muhoozi Kainerugaba, and 22 others in Kumi.

This follows a decision by the Director of Public Prosecution through the Kumi Resident State Attorney Christine Kalya Byamugisha to assume control of his criminal case against the accused persons. Byamugisha requested notification of the hearing date to make necessary preparations. She also asked Mabirizi to provide relevant information, assistance, and documents in his possession to aid in the prosecution.

However, Mabirizi argues that the intended takeover of his case is premature. He asserts that Byamugisha’s notice of takeover of the criminal case contradicts the DPP’s communication on March 2, 2021, to all prosecutors regarding the handling of private prosecutions.

The circular stipulated that State Prosecutors can assume proceedings of private prosecutions after the Magistrate has drafted and signed a formal charge containing a statement of the alleged offense or offenses committed by the accused.

“The respondent is barred by law from contradicting a clear position communicated to her and the public by the Director of Public Prosecution personally,” argues Mabirizi in his application. According to court documents available to our reporter, Mabirizi will now face the Kumi Senior State Attorney of Kumi, who has joined the accused persons.

On August 18, 2023, Mabirizi ran to the Kumi Chief Magistrates’ Court accusing the Speaker, the first son, and several ministers and Members of Parliament of staging an unlawful gathering, which he alleges impacted business and movement in the Teso sub-region. The case stems from Muhoozi’s visit to Teso under the MK Movement/MK Army, during, which the political gathering took place.

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