The Assistant Officer in Charge of Luzira Prison Herber Kaheeru affirmed the position while appearing before the Criminal Division Judge Isaac Muwata to explain why it was not possible to give jailed lawyer Male Mabirizi internet services as he had requested.
In a petition dated April 19 2022 addressed to the Principal Judge, Mabirizi states that the applications were all bundled together and kept before Ssekaana and to date, they have never been fixed for hearing.
On Tuesday, when the matter came up for mention before Buganda Road Grade One Magistrate, Sanula Nambozo, State Attorneys Joan Keko and Ivan Kyazze informed Court that they had instructions from the Director of Public Prosecutions to take over the matter.
According to Mabirizi, this is not a case that needs to be rushed because the petitioner Rutaro has a personal vendetta against him, hatred and bad relationship between them which has since become sour
Ssemakadde was summoned to appear today before the Court presided over by Grade One Magistrate Marion Mangeni to be charged on three offenses stemming from his posts on his Twitter handle where he allegedly abused High Court Judge Musa Ssekaana.
On Thursday morning, Ssemakadde through his lawyers of Walyemela and Company Advocates, Thomas and Michael Advocates and Gem Advocates filed an application before Buganda Road Chief Magistrate’s court to set aside the charges on grounds that the summons issued against didn’t follow due process of the law, which makes then invalid.
Ssekaana issued an order for the arrest of Mabirizi on February 15, 2022, after finding him guilty of contempt of court for allegedly attacking judicial officers using his social media platforms. He had earlier on ordered Mabirizi to pay a fine of 300 million Shillings for the same offence.
Mabirizi accused Ssekaana for being biased , incompetent and not able to head the smallest court of a family, and one who doesn't qualify for any award from Uganda Law Society and even for a Grade Two Magistrate
Mabirizi ran to the appellant court when Justice Ssekaana found him guilty of contempt of court on February 15th, 2022 and sentenced him to 18 months in civil prison. The same had earlier on January 27th, 2022 issued orders stopping Mabirizi from using his social pages to attack judicial officers.
Mabirizi’s lawyer Noel Nuwe asked the Court to give his client an opportunity to appear and explain if he made those posts in violation of the earlier court order. Nuwe argued that Mabirizi was not aware of the court ruling that barred him from attacking judicial officers and only came to know about it on Tuesday morning and needed more time to defend himself.
“The evidence on record is sufficient to prove that both the Twitter handles and Facebook Page-Uganda People’s Interests belong to the Respondent-Male Mabirizi and his unique headed or colored and well-designed paper with complaints to Judicial Service Commission and other agencies”, said Ssekaana.
The DPP has since taken over previous cases Mabirizi levied against Kyagulanyi which are scattered in Kampala and Wakiso Courts and have since stalled after the various government departments' delay to provide him with supporting documents as evidence.
According to the Government of Kenya, the rules of the East African Court state that a document may be expunged from the court record if for stance it may prejudice or delay the fair trial, is an abuse of court process or is scandalous; But to them, Mabirizi doesn't show how he will be prejudiced if their defense is maintained on the court record.
Mabirizi now wants a permanent injuction prohibiting any Uganda Government official from implementing or acting on the strength of the Cabinet decision requiring every motor vehicle to be fitted with tracking devices at owners cost on grounds of being unconstitutional.
In his letter dated June 10 2021, Ssekaana notes that Mabirizi filed a case against the Attorney General and the same was brought to his attention by the Deputy Registrar of the court out of concern that it was the third similar matter filed by him in a space of two weeks.