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Mabirizi Protests Takeover of Case Against Speaker, Muhoozi :: Uganda Radionetwork

Mabirizi Protests Takeover of Case Against Speaker, Muhoozi

This follows a letter by the State Attorney of Kumi, Christine Kalya Byamugisha, expressing the Director of Public Prosecution- DPP’s intention to take over the Kumi Criminal Case No. 274 of 2023 against the 24 accused persons including ministers and Members of Parliament.
Male Mabirizi has contested the attempted takeover of the criminal case he filed against Speaker of Parliament Anita Annet Among, first son Muhoozi Kainerugaba, and 22 others for staging unlawful assembly. This comes in response to a letter from Kumi State Attorney Christine Kalya Byamugisha indicating the Director of Public Prosecutions (DPP)'s intention to take over Kumi Criminal Case No. 274 of 2023 against the accused persons including ministers and Members of Parliament. 

In an August 21, 2023 letter, Byamugisha informed the Chief Magistrate in Kumi about the DPP's plan to take over and continue with Mabirizi's case, which he had initiated under private prosecution on August 18, 2023. "This is to notify you that the Director of Public Prosecution will, in the exercise of its functions under Article 120(3) (c) of the Constitution and Section 43 (1)(a) of the Magistrate Court Act, take over and continue with the prosecution of the above case,” reads the letter. 

The State Attorney requested information and assistance from Mabirizi to facilitate the prosecution and asked to be informed of the hearing date for preparation purposes. Mabirizi, however, contested the State Attorney's move, arguing that the takeover was premature. He asserted that the takeover should occur after the Court rules on the confirmation of charges filed against the accused, which requires the issuance of criminal summons. 

He pointed to a 2021 circular that guided the DPP's procedure for handling private prosecutions. According to the circular, the State Prosecutor should take over proceedings after the Magistrate formally charges the accused and outlines the alleged offenses. Mabirizi took legal action in response to events in Teso, where Muhoozi and other leaders organized public rallies drawing large crowds in Bukedea, Kumi, and Soroti City. 

Mabirizi alleges that the accused, operating under the MK Movement/MK Army, conducted an unlawful political gathering involving speeches and activities. Mabirizi accuses the group of various offenses including unlawful gathering, conspiracy to commit a felony, scandalous conduct, disobedience of statutory duty, common nuisance, and conspiracy to commit misdemeanors. He had requested the court to issue criminal summons against the accused individuals, a step that has yet to be taken.