DP to appeal Gen. Aronda ruling
Posted Tuesday, February 12 2013 at 16:12
The Democratic Party (DP) is to appeal the February 5 ruling made by the Nakawa Chief Magistrate in the coup case against the Chief of Defence Forces, General Aronda Nyakairima.
Luweero Woman MP Brenda Nabukenya, a DP member, in January filed a complaint to have Gen. Nyakairima tried through private prosecution over statements he allegedly made warning that the army would take over power if politicians do not change course
The case was however thrown out by Joyce Kabagye, the Nakawa Chief magistrate. In her ruling Kabagye noted that the charge sheet, complaint on oath and the criminal summons issued for the Gen. Aronda were incompetent.
Ms Kyabagye also said, in her ruling, that trial by private prosecution is supposed to be instituted in the area where the accused person resides unlike in criminal matters which requires that a person is charged where the crime was committed. The Magistrate also said that the complaint should have been accompanied by a letter from the local village chief, and that her court did not have the jurisdiction to hear cases of treason.
DP says they are to appeal the ruling in the high court. Kenneth Kakande, the DP spokesperson, says their lawyers have resolved to appeal against the four grounds on which Ms Kabagye dismissed the case.
Mr Kakande says the power to try all criminal cases commences with the Magistrate’s court and when the Magistrate does not have powers to try the case, they can conduct committal proceedings.
Mr Kakande says that the Mbuya army headquarters where Gen. Aronda made the comments is just a stone’s throw away and within her jurisdiction.