Constitutional Court suspends Bukenya CHOGM case

Former Vice President flashes his party sign during an earlier court appearance. Photo by Isaac Kasamani.

The Constitutional Court has ordered the Anti-corruption court stop proceedings into the prosecution of Former Vice President Prof. Gilbert Bukenya pending the hearing of his petition. Bukenya petitioned the constitution court, saying he performed his duties on behalf of the president and cabinet and should not be prosecuted as an individual. The Constitutional Court will rule on the petition filed by Prof. Bukenya's lawyers on July 5.

A panel of three Justices of the Constitutional Court issued the interim order and set July 5 for hearing of the main petition.

“In the meantime, the proceedings before the Anti-Corruption Court in criminal cases number 94 and 95 of 2011 be stayed, pending the determination of the petition,” said the judges in a ruling which gave Prof. Bukenya a temporary freedom.

The judges include the head of the Constitutional Court and Deputy Chief Justice Alice Mpagi-Bahigeine, Steven Kavuma and Stella Arach Amoko.

Prof. Bukenya filed a petition before the Court seeking to block the Inspector General Government (IGG) and the Director of Public Prosecutions from prosecuting him before the Anti-Corruption Court. He said his actions during the purchase of the 2007 Chogm vehicles were undertaken on behalf of the President who is immune to prosecution.

The Ex-Vice president is charged on two files over alleged abuse of office and fraudulent practice, a charge he is jointly charged with Motorcare (U) Ltd, the company that supplied of the 204 executive vehicles.

On June 16 this year, Prof. Bukenya was charged with abuse of office and he was released a cash bail of Shs50 million on top depositing his passport but his lawyers; Mc Dusman Kabega and Enos Tumusiime objected to the two charges of abuse of office and fraudulent practice saying the cases were ‘incurably defective’.