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Lawyer Male Mabirizi has petitioned the High Court challenging the
decision by Wakiso Magistrates Court to allow the Directorate of Public
Prosecutions- DPP to take over criminal proceedings against National Unity
Platform leader Robert Kyagulanyi alias Bobi Wine.
Last month, Mabirizi instituted private criminal proceedings against Kyagulanyi
for allegedly uttering false academic documents during his nomination for the
Kyadondo East parliamentary by-elections in 2017.
He contends that the names on Kyagulanyi’s Uganda Certificate of
Education- UCE are different from those that appear on his Uganda Advanced Certificate
of Education- UACE.
On Wednesday, the Grade One Magistrate Esther Nyandoi decided that
the DPP should take over the case.
Nyandoi's decision followed a request by the State Attorney Emily
Ninsiima who argued that the law mandates the DPP's office to take over all
criminal proceedings in this country.
However, immediately after the court ruling, Mabirizi quickly
proceeded to High Court in Kampala where he adduced four grounds he is
basing on to apply for revision of the Magistrate's decision.
In the petition which URN has seen, Mabirizi contends that the
Magistrate failed to issue a warrant of arrest or criminal summons against
Kyagulanyi.
The magistrate is also faulted for failing to rule on whether
it is lawful to proceed in absence of Kyagulanyi who was not in court and also
for alleged failure to ask the State Attorney to produce instructions from
DPP as requested earlier by Mabirizi during proceedings.
Additionally, Mabirizi also argues that the Magistrate failed
to ensure that the intended takeover was in the public interest, interest
of the administration of Justice or preventing abuse of the court process.
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Mabizrizi wants the High Court to set aside the orders made by the
Wakiso Magistrates Court and also reinstate him as a prosecutor.
The High Court is yet to fix the case for hearing.
