The Law Development Centre Court in Kampala has for the third time extended criminal summons against National Unity Platform President Robert Kyagulanyi in relation to the charges of obtaining registration by false pretence at Makerere University.
The extension of summons was communicated to journalists at court by lawyer Male Mabirizi saying that he got information from the clerk to LDC Magistrate Augustine Alule that the trial Magistrate was indisposed and thus extended the summons to January 10th 2022.
This is in the case that was initially filed by Mabirizi in September 2021 accusing Kyagulanyi for having been admitted at Makerere University to pursue a Diploma in Music, Dance and Drama on mature age entry when he reportedly did not meet the criteria for such an admission.
The case was later taken over by the Director of Public Prosecutions following the evidence that was produced by Mabirizi.
In his evidence to court, Mabirizi indicated that Kyagulanyi was only 20 years old by the time of his admission on October 21st 2000 which was contrary to the Makerere University Prospectus . The Prospectus set the minimum age for mature entry at 25 years or for one to have completed formal education at least for five years prior to the year of admission.
But this, Mabirizi said was not the case with Kyagulanyi adding that there was proof that Kyagulanyi was born on February 12th 1980 and studied from Kololo Senior Secondary School and Kitante Hill School based on the records that he had personally used to obtain the contentious registration and admission at Makerere University.
Subsequently, Mabirizi asked court to summon Kyagulanyi to appear and answer to the aforementioned charges saying that he had fraudulently studied on government sponsorship and accordingly obtained registration by false pretence, an offense that attracts one year jail term if found guilty.
But since the DPP took over the matter, Kyagulanyi has not on any day appeared in court to answer to the charges as required.
On November 4th 2021, the LDC Resident State Attorney Hanifa Kasana informed court that the file in this case had been submitted to the DPP for perusal and Kyagulanyi was not in court. But his lawyers led by Geoffrey Turyamusiima were present and told court that they will bring him on the next session.
The summons were accordingly issued requiring Kyagulanyi to appear on November 30th 2021 but on that day , Kyagulanyi's lawyers were present but instead it was the Magistrate who was away attending a Magistrates function.
The summons were later pushed to today but neither Kyagulanyi, his lawyers nor the Magistrate was present.
However, when contacted Kyagulanyi's lawyer Turyamusiima as to why they had not turned up, he noted that his client was willing to appear in court today but they received a call informing them that the Magistrate was not around.
Court had earlier in the morning been informed that the Magistrate had gone to the hospital and would return at 2pm but the case was later adjourned to January 10th 2022 when he failed to make it.
Speaking to Uganda Radio Network, Mabirizi said there is an indicator that the DPP is not willing to take on the case hurriedly and if the court had proceeded, he was to ask court to bring back his case from the DPP to let him prosecute it to it's logical conclusion because he furnished her with sufficient evidence to pin Kyagulanyi on the crimes in issue.