DPP takes over MP Akena’s trespass case
Mr Jimmy Akena (L) and Mr Olara Otunnu at UPC party headquarters in Kampala recently. PHOTO BY DOMINIC BUKENYA
KAMPALA-The Director of Public Prosecution (DPP) has taken over the Buganda Road Court case in which Lira Municipality MP Jimmy Akena was charged with trespass at Uganda House.
Mr Akena was charged alongside a group of 14 other people who include fellow legislators. The legislators are Mr Maxwell Akora (Maruzi County - Apac District), Mr Fred Ebil (Kole County - Kole District) and Ms Betty Amongi (Oyam County South - Oyam District ). Ms Amongi was the only accused person present in court on Tuesday.
In a session before Magistrate Mary Kisakye, the matter was for plea taking, and set to be prosecuted by private lawyers who are Mr Mulema Mukasa and Mr David Ssempala as hired by the complainant M/s Milton Obote Foundation and M/s Uganda House investments Ltd.
However, the Buganda road court Resident State Attorney, Mr Jonathan Nuwagaba weighed in stating that: “…the DPP has instructed me to appear and show desire to take over prosecution of this matter.”
“Under Article 120 (3) (c) of the Magistrates Court Act (MCA), the DPP has a prerogative to take over such matters because there is need to make an in-depth investigation into the allegation and make an informed decision on how to proceed,” Mr Nuwagaba said.
Mr Nuwagaba’s submission follows an assertion from the defence lawyer, Mr Augustine Kwesigire that his clients (accused) made a complaint to the DPP about the matter, and he picked interest in it.
In reply, the lead private prosecutor Mr Mukasa argued there is a tendency by the DPP to frustrate complainants’ cases once he takes over as he usually does not do enough research on matters.
“The law says that for the DPP to take over he must have done thorough investigation and research or alternatively, we should conjoin as prosecutors,” he said.
Consequently, the trial magistrate Ms Kisakye adjourned the matter to October 28 upon ruling that court has granted the the DPP’s request to take over prosecution. The magistrate was however, quick to note that the DPP has to prosecute the case in conjunction with complainants’ lawyers.
Court as well extended criminal summons for 14 of accused persons including Mr Akena after they failed to appear in court.
Other accused people include; Mr Higenyi Kemba, Mr Richard Angweri, Mr Patrick Mwondha, Ms Night Kulabako, Mr Gideon Akomu, Ms Kallen Mugizi, Ms Brenda Atim, Mr Fahad Kilyiri , Mr Patrick Aroma, Ms Josephine Babirye .
Prosecution contends that on June 5, the accused persons and others still at large, entered upon the property of M/s Milton Obote Foundation and M/s Uganda House investments Ltd; to wit land comprised in LRV 689, Folio 11, Plot 8 and LRV 682, Folio 12, Plot 10, Kampala Road situate in the Kampala and popularly known as “Uganda House” without lawful authorization with intent to commit an offence and to intimidate, annoy and insult the property owners, managers and other lawful users thereof.
It is further stated that the accused persons and others at large violently and forcefully entered and took over possession of the 6th floor of the said property.
On the count of common nuisance, it is stated that on June 5 the suspects without lawful cause or authority, entered into Uganda House causing disruption, thereby paralyzing business and the state of affairs thereat, and created common injury, danger, annoyance and inconvenience to the property owners, tenants, lawful users of the property and the general public in exercise of their common rights.
This case comes at the time when officially, Uganda Peoples Congress (UPC) is a house divided, with two camps claiming legitimacy for the party’s leadership; one group is led by Olara Otunnu while the other is led by Mr Akena, son of the founding father and two-time president of Uganda, Apollo Milton Obote (deceased).
