High Court upholds ruling to prosecute minister Kutesa
Foreign Affairs Minister Sam Kutesa
What you need to know:
- Otee in his case faults Mr Kutesa for allowing the family of a city businessman to fly back in the country to what the Ministry of Health had prohibited as a measure to prevent the spread of Coronavirus.
BY BETTY NDAGIRE
The High Court has upheld the magistrate’s decision allowing the Director of Public Prosecutions (DPP) to take over the prosecution of the matter in which Foreign Affairs Minister Sam Kutesa is accused of breach of a Public Health Prohibition Order during Covid-19 outbreak.
On June 1, a lawyer, Leonard Otee of Otee Associated Advocates, filed a complaint against Mr Kutesa at Buganda Road Court seeking court to allow private prosecutions of the minister and the three returnees who are part of the family of businessman Ben Kavuya.
These three returnees sued alongside Mr Kutesa are the businessman’s family members who are Barbara Kavuya, Blanche Kibaju and Isaiah Tiba Byabashaija.
However, the DPP also requested the court to be allowed to take over the prosecution of criminal proceedings.
The trial magistrate, Ms Stella Maris Amabilis, upon listening to the private prosecutor’s submissions of objecting to DPP taking over the criminal matter ruled: “DPP can take over and continue criminal proceeding instituted by any other person or authority,” Ms Amabilis ruled.
This prompted Otee on June 22, to petition the High Court in Kampala with hope that it will revise the lower court’s decision.However, High Court Judge, Wilson Kwesiga, upon reading several authorities referred to by the petitioner and the Dpp, found no merits in the petition for revision.
Justice Kwesiga, held that there were no errors in the proceedings or orders of the magistrate’s court before upholding this lower court’s orders.
“To remove any doubt, this Court orders, the DPP shall take over and continue with the case to serve interest of justice in the case,” held Justice Kwesiga.
The magistrate also ruled that private prosecution in the case is terminated and that Otee should avail the DPP with any materials pursuit of the complaint for investigation.
Justice Kwesiga as well ordered the return of the case file to Buganda Road Chief Magistrate’s Court for further management.
Otee in his case faults Mr Kutesa for allowing the family of a city businessman to fly back in the country to what the Ministry of Health had prohibited as a measure to prevent the spread of Coronavirus.
