Court delays pretrial of MPs Ssewanyana, Ssegirinya

The Constitutional Court decision has delayed the pretrial hearing in the case in which MPs; Mr Allan Ssewanyana (Makindye West) and Mr Muhammad Ssegirinya (Kawempe North) are accused over Masaka killings.

The legislators are facing charges of terrorism, murder, attempted murder, and aiding and abetting terrorism together with five other suspects including; Mike Sserwadda, Jude Muwonge, Bulo Wamala, John Mugera and Jackson Kanyike.

The trial judge Alice Komuhangi Khaukha (International Crimes Division of the High Court) on Monday heard that the pre-trial hearing of the case could not go on because of the application in the Constitutional Court that was filed by the legislators.

“Your honour, this matter is coming up for mention, however, accused five (A5) and accused six (A6) filed a constitutional petition challenging the dismissal of their application to consolidate the two matters and an application seeking a stay of these proceedings,” Mr Joseph Kyomuhendo, the state attorney submitted.

Adding: “This application has not yet been disposed of and it has a bearing on these proceedings. In light of the above, I am praying for an adjournment until that application is disposed of.”

Consequently, the trial judge adjourned the case to August 28 for further mention.

Their lawyer, Mr Musa Matovu informed the court that Mr Ssegirinya, who has not been present in court, as he’s away in Kenya for medical treatment pending referral to Germany for specialized treatment.

In their application before the Constitutional Court, the two legislators are seeking the interpretation of two questions which include; whether the protection of witnesses in the manner within the court’s ruling contravenes and is inconsistent with Articles 28 and 44, and whether rule 22 of the judicature rules 2016 is inconsistent with articles 28,42 and 44 among others.

They further contend that there is a serious threat of conviction and that they fear that immediately after the trial, the court may commence conviction against them by way of imprisonment before the determination of the intended constitutional petition thereby rendering it nugatory and useless.

According to the legislators, they are affected and aggrieved by all the actions of the Director of Public Prosecutions for being inconsistent and in contravention with the Constitution thus waiting for the Constitutional Court to determine on the same.

They are accused of being behind the spate of killings in the Masaka sub-region that left about 26 residents dead between March and June 2021.

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