On February 23rd, 2024, the CID Commander for Kampala Metropolitan Police, Detective Assistant Commissioner of Police-ACP Bob Kagarura wrote to Ssemakadde inviting him to Police for case conferencing and fact-finding meeting in a criminal Libel case vide CID Headquarters General Inquiries File 312/2023.
The Prosecution says Nalubowa disturbed the peace of the President by saying; “Tumwine finally you have died but you died long time and your boss President Museveni will also die, you will die one by one and we shall celebrate.” According to the prosecutors, there was no purpose for legitimate communication in this.
Nalubowa has been charged almost two weeks after she was reported by her family and the National Unity Platform President Robert Kyagulanyi as missing since August.
Kakwenza skipped bail and fled to Germany forcing Buganda Road Court Chief Magistrate, Dr Douglas Singiza to issue a warrant for his sureties to pay the Shillings 10 million each they committed themselves to pay in the event that Kakwenza skips bail.
Mabirizi made the application early this week when he appeared before the Buganda Road Court Grade One Magistrate, Sanula Nambozo, where he is battling charges of offensive communication instituted by Robert Rutaro by way of private prosecution.
The Court indicated that the said sureties should be arrested and forced to come to Court to pay the 10 million shillings each committed themselves to pay in the event that Kakwenza skips bail.
Luwero Chief Magistrate Samuel Munobe said that the facts by State do not reveal the major elements of the offense such as repetitive communication or willfulness in such communication and right of privacy of the person in hearing that have been interfered with.
The warrant of arrest has been issued upon the request of Buganda Road Magistrates Court Resident State Attorney Joan Keko who said that the accused person Kakwenza was not present in Court and neither were his sureties.
In December 2021, Rutaro teamed up with Mabirizi to prosecute Pastor Aloysius Bujjingo for bigamy in Entebbe Chief Magistrates Court but they later fell out with each other after him(Rutaro) was okay with the Director of Public Prosecutions -DPP's plan to take over their case.
Kakwenza claimed that when he reached Burundi’s border, he declared himself as a refugee and presented his national identification card he was then allowed entry into the country and he got travel documents from there.
“If this embassy was of a country of equal status, the letter would cause a diplomatic row, but since Germany is powerful and the origin of the technology used in the processing of our security documents including National IDs, so the state of Uganda has no choice but to bend their ego,” lamented a senior foreign affairs official.
In his summarized ruling read in open court on Monday afternoon, the Chief Magistrate Singiza said that the award which Kakwenza wanted to go and pick from Germany as the reason to get back his passport can be presented to him online.
Kakwenza who is facing charges of offensive communication, through his lawyers led by Eron Kiiza made five requests before Court presided over by the Chief Magistrate Dr. Douglas Singiza including to return his passport to enable him to attend an event in Germany.
Kakwenza was granted a cash bail of 500,000 Shillings while his four sureties have each been ordered to execute a non-cash bond of 10 million Shillings. The sureties were Lawyer Julius Galisonga, National Unity Platform Secretary-General David Lewis Rubongoya, Kololo Secondary School Teacher Annah Ashaba and Activist Job Kiija.
The three parties through their lawyer of Rwakafuuzi and Co. Advocates said that the offense of criminal libel and offensive communication, when used against citizens who criticize politicians and public figures, are not reasonable and justifiable in an open democratic society based on humanity, equality and freedom
According to the notice of appeal filed before the Court of Appeal in Kampala, the Office of the DPP says that is not satisfied with decision of Justice Adonyo. They have also written to the High Court to furnish them with the record of the proceedings to enable them formulate their grounds of appeal in the Court of Appeal.
The Buganda Road Grade One Magistrate, Stella Maris Amabilis dismissed the charges following a request by Bajjo's Lawyers, Erias Lukwago and Shamim Malende. They told court that the prosecution led by Ivan Kyazze has failed to produce witnesses to testify against the accused.
Rwabwogo dragged Isiko to court for persistently sending her annoying love messages. This morning, court heard that it was the seventh time that Rwabwogo had failed to show up yet she is the only prosecution witness in the matter.
