Case against Gen Muhoozi sent to High Court for criminal revision
Gen Muhoozi Kainerugaba gives a speech during one of his birthday party celebrations at Kololo Independence Grounds in October 2022. PHOTO/ FILE
What you need to know:
- According to the amended private prosecution charge sheet, Mr Mabirizi alleges that Gen Muhoozi, a serving officer on October 10, 2022 at Kololo independence grounds, in Kampala addressed a political gathering and made public political statements which conduct was generally against public order, expectations and morality and which directly or indirectly affected other Ugandans.
Buganda Road Chief Magistrate’s Court has referred to the High Court a case in which the presidential advisor special operations, Gen Muhoozi Kainerugaba, is accused of disobedience and common nuisance allegedly committed during his birthday party celebrations in October last year.
Mr Ronald Kayizzi on Monday sent the First Son’s case file to High Court for criminal review at the request of the state attorney who submitted that the private prosecutor in the matter had no locus to file an amended charge sheet after the Director of Public Prosecutions (DPP) had already taken over the case.
“I note that the private prosecution against accused one (Gen Kainerugaba) by Mr Male Mabirizi was filed at City Hall Court on November 11, 2022 and the DPP took over this case on November 14. Court documents that were filed by Mabirizi on July 13, 2023 were erroneously received by the City Hall Court,” Mr Kayizzi submitted.
According to him, the said documents not only increase the number of accused persons from one to eight but also increase the charges from two to six.
“I note an error on record which I do not have powers to correct as the same is vested with the High Court under Section 50 of the Criminal Procedure Act. I would have exercised my powers as the chief magistrate under Section 221 of the MCA to send the file to the High Court for revision, however since the DPP has opted to file the same application for revision, it is fairly just that this court gives the DPP time to do so,” he added.
In her submissions, the state prosecutor, Ms Joan Keko told court that by the time Mr Mabirizi filed his amended charge sheet with an affidavit to support the same as a private prosecutor as he referred to himself, the DPP had already taken over the case.
“We do not know the author of these documents. Was he employed by the government service as a state attorney or a licensed prosecutor from the DPP to file on her behalf. Therefore, he had no locus to make these amendments as he did,” Ms Keko submitted.
Adding…“Your worship we would have ordinarily made a prayer before this court to have the said documents struck off the record because technically, they were smuggled on the record. However, Section 50 of the Criminal Procedure Act, empowers the High Court to correct by way of criminal revision any error material to the merits of any case.”
Gen Muhoozi was represented in court by former East African Legislative Assembly MP, Mr Fred Mukasa Mbidde who concurred with the submissions made by the state.
In his amended charge sheet, Mr Mabirizi listed seven more accused people who include, Micheal Mawanda Maranga (Igara East MP), Andrew Mujuni Mwenda (journalists and businessman), Balaam Barugahara Ateenyi (events promoter), David Kabanda (Kasambya County MP), Micheal Nuwagira Kaguta alias Toyota (Museveni’s brother), Lilian Aber (Kitgum woman MP) and Michael Katungi.
The new charges Mr Mabirizi wants added are; scandalous conduct by officers and conspiracy to commit misdemeanors.
According to the amended private prosecution charge sheet, Mr Mabirizi alleges that Gen Muhoozi, a serving officer on October 10, 2022 at Kololo independence grounds, in Kampala addressed a political gathering and made public political statements which conduct was generally against public order, expectations and morality and which directly or indirectly affected other Ugandans.
It is also alleged that Muhoozi, Maranga, Mwenda, Balaam, Kabanda, Kaguta, Aber, Katungi and others still at large conspired to commit misdemeanors contrary to section 180 of the UPDF Act, 2005 and 391 of the Penal Code Act Cap.120.
Mabirizi who appeared after court proceedings had ended threatened to open up a case at the Judicial Service Commission against the trial Chief Magistrate for taking up the case in his absence.
The case was adjourned to August 22 for the prosecution to update court on the progress of the application in High Court.
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