Nyanzi’s heard her sentence through video conferencing live from Luzira Prison, while hundreds of her supporters filled the courtroom. On the live link, she was seen stripping naked and heard uttering obscenities, in what was interpreted as a sign of protest. But the images and the volume were muted by the technical team.
However, Kamasanyu has acquitted her of the offense of offensive communication because Prosecution has failed to adduce evidence to show how the President was annoyed.
Delivering her ruling on Wednesday, High Court Criminal Division Judge Jane Frances Abodo dismissed the application on grounds that she did not find the nine grounds of the review application justifiable.
The exhibits were initially opposed by Nyanzi’s lawyers, Isaac Ssemakadde and Derrick Bazekuketta on grounds that they were disclosed to them after the completion of the investigations as directed by on November, 9th, 2018.
The poem was posted on Stella Nyanzi’s Facebook page on September 16, 2018, the day on which President Yoweri Museveni celebrated his 74th birthday. It was crafted in vulgarity targeted at the President's late mother Esteeri Kokundeka and repeatedly wishing that president Museveni should have died at the time of his birth.
Justice Lydia Mugambe of the High Court Civil Division was scheduled to start hearing the application filed by Dr. Nyanzi through her lawyer Isaac Ssemakadde in November last year accusing Makerere University of disregarding orders by Makerere University Staff Appeals Tribunal reinstating her.
Nyanzi wants the court to order that she be reinstated to her office at the Makerere Institute for Social Research-MISR, as a Research Fellow, and be paid her salary, benefits and emoluments with immediate effect. She also wants the court to compel Makerere University to consider her alleged long overdue application for promotion from the Post of Research Fellow to Senior Research Fellow.
Nyanzi was arrested on Friday at Makerere University as she protested university managements continued delay to lift her suspension as directed by the university staff and appeals tribunal. She is currently being held at Kira Division Police Station on tentative charges of alarming, annoying and ridiculing the person of the President contrary to section 24 of the Penal Code Act.
Speaking shortly after, Dr. Nyanzi described the ruling as a celebration and a major win for anyone with pretenses and claims of being an intellectual.
Controversial Makerere University researcher, Dr Stella Nyanzi, has called for careful consideration of the Mental Health Bill 2014, saying the bill could be used to target Ugandans over claims that they are mentally ill.
The tribunal chairperson George Omunyokol asked the university to furnish Stella Nyanzi with bank statements with details of the payment. However, when the tribunal resumed today, the university lawyer only availed a bank statement showing that Dr Stella Nyanzi had been paid 20.6 million Shillings.
On July 21st 2017, J Dr. Nyanzis lawyer, Isaac Semakadde wrote to Justice Mike Chibita, the Director of Public Prosecution asking him to drop the charges, saying the lawprovides for feedback with in a period of not more than sixty days.
Makerere University has continued to ignore the directive of the university staff appeal tribunal to reinstate suspended research fellow, Dr Stella Nyanzi. In October last year, the tribunal quashed the Appointments Board decisions of 10th February 2017 that handed Dr Nyanzi a six-month suspension. The appointments board further recalled the controversial academic from suspension and transferred her from Makerere Institute of Social Research MISR to Human Rights and Peace Centre HURIPEC at the School of Law.
Dr. Nyanzis lawyer, Isaac Ssemakkade, says the university appointments board claims, that they havent concluded investigations into the fresh accusations against her client because she is facing criminal prosecution in court.
The Makerere staff Appeals Tribunal has ordered the University Appointments Board to hear afresh the disciplinary case that resulted into suspension and transfer of Dr Stella Nyanzi, a research fellow at Makerere Institute of Social Research MISR.
Suspended Makerere University research fellow, Dr Stella Nyanzi, has demanded lifting of her suspension and a return to Makerere Institute of Social Research MISR where she worked prior to her suspension.
Nyanzi is charged with two counts of cyber harassment and offensive communication contrary to provisions of the Computer Misuse Act. Nyanzi was also charged with using the internet to disturb the peace and right to privacy of the president.
