The proceedings were instituted by lawyer Male Mabirizi on Monday arising from Owiny-Dollo's conduct on March 18th and 19th 2021 when he allegedly showed disrespect, obstruction and disturbance in the course of judicial proceedings to Lady Justice Esther Kisakye.
His Lordship Alfonse Owiny-Dollo Chigamoy the Chief Justice of Uganda
The Director of Public Prosecutions has asked the Buganda Road
Court Chief Magistrate to take over the private criminal proceedings against Chief
Justice Alfonse Owiny-Dollo.
The proceedings were instituted by lawyer Male Mabirizi on Monday
arising from Owiny-Dollo's conduct on March 18th and 19th 2021 when he
allegedly showed disrespect, obstruction and disturbance in the course of judicial
proceedings to Lady Justice Esther Kisakye.
Kisakye had come to court to read her dissenting ruling on an
application arising from a presidential election petition filed by former
National Unity Platform presidential candidate Robert Kyagulanyi Ssentamu.
According to Mabirizi, Owiny-Dollo allegedly ordered his police
guards to take the lady Justice hostage thereby confiscating her file, ordered
for closure and dismantling of the court tent, ordered for disconnection of
power and sound system, ordered court staff not to attend her court and closed
down the court premises to prevent her from reading her ruling.
Mabirizi asked the court to issue a warrant of arrest against
Owiny-Dollo compelling him to come and take a plea on the charges against him.
However, in response to Mabirizi's private proceedings, the DPP
has decided to take over the matter and continue with it.
"The office Director of Public Prosecutions under Article
120(3) (c) of the 1995 Constitution and section 43(1)(a) of the Magistrates
Courts Act cap 16, has decided to take over and continue criminal proceedings
instituted by Mr Male H . Mabirizi. K. Kiwanuka against Hon Justice Alfonse
Chigamoy Owiny-Dollo effective immediately", reads the letter in part.
The letter signed by Buganda Road Court Resident Chief State Attorney Joan Keko
adds that Mabirizi is required to give all reasonable information about the
proceedings and furnish all documents in his possession or under his control to
"By copy of this letter, Male H. Mabirizi K. Kiwanuka
(private prosecutor) and hon Justice Alfonse Chigamoy Owiny-Dollo (the accused
person are hereby information", it adds.
The letter dated March 23 2021 also indicates that the
communication in respect to this case should henceforth be directed to the office
of the DPP.
However, Mabirizi says it's null and void since at the moment
there's no DPP to take over the case following a recent constitutional
Judgement that invalidated the actions by Judicial Officers in executive or
Constitutional positions before they resign as Judicial Officer.
The case is yet to be heard in court for the parties to orally
present their arguments.