The Court presided over by Principal Judge Yohane Masara on Friday dismissed Mabirizi's application and validated the response of the Kenyan government saying that the delay was excusable.
In his application, Mabirizi lists the Attorney General of Uganda as one of the respondents. He argues that these activities are scheduled to commence on October 1st, 2023, targeting settlers on official mailo land registered in their names.
Mabirizi initiated the suit in November 2022 alleging that Kainerugaba addressed a political gathering at Kololo Independence Grounds in Central Division, Kampala City, on October 11th, 2022, without resigning from the Uganda People's Defense Forces (UPDF).
He further accused them of conspiring to utter a false document which they gave to the Electoral Commission and conspired to defraud the members of DP.
Mabirizi wrote to the Permanent Secretary Ministry of Works and Transport on July 23, 2021, seeking access to all procurement correspondences, decisions and Memorandum of Understanding with Joint Stock Company Global Security to install tracking devices in all public and private vehicles and motorcycles in Uganda.
Mabirizi's application was filed in April 2023, arguing that some suspects, including the Vice President, Speaker, Prime Minister, Ministers, Members of Parliament, and Members of Local Government Councils, cannot be held criminally liable as they are not holders of offices in the public service.
The nine were arrested during protests held in Kampala on Tuesday to support a resolution recently passed by the European Union Parliament to delay the East African oil Pipeline over reports of human rights violations and environmental concerns.
Last month, Mabirizi also asked the Court of Appeal comprised of Justices Muzamiru Mutangula Kibeedi, and Lady Justices Irene Mulyagonja and Eva Luswata to release him temporarily pending the determination of his intended appeal challenging his conviction and subsequent sentence of 18 months imprisonment.
Mabirizi wants to be released pending the determination of his intended appeal against the decision to convict and sentence him to 18 months in jail for contempt of Court.
Court presided over by Grade One Magistrate Sanula Nambozo on Friday halted the proceedings and forwarded the file to the Constitutional Court as requested by Mabirizi for its interpretation.
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.
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.
Walyemera told the court that Ssemakadde is already standing trial in court on similar offences, which are being investigated by the Criminal Investigations Directorate and is out on police bond. He argued that the double proceedings against his client is tantamount to abuse of the Court process.
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.
