Court directs on application seeking to halt charges against bailed MPs
MPs Allan Ssewanyana (L) and Muhammad Ssegirinya (R) gesture as they address a press conference at the Opposition NUP party headquarters in Kampala on March 29, 2023. PHOTO/ISAAC KASAMANI
The International Crimes Division (ICD) of the High Court in Kampala has directed on the timelines in which the state should respond to an application in which bailed lawmakers Allan Ssewanyana and Muhammad Ssegirinya are seeking to halt their trial over the Masaka killings.
Presiding Judge Alice Komuhangi Khaukha on Monday ordered the state to file its reply to the application not later than July 3, directing the legislators to file a rejoinder by July 24 ahead of an August 7 hearing.
The judge’s decision was prompted by the legislators’ lawyer, Musa Matovu, who informed court that they had served their application to the Attorney General (AG) and Director of Public Prosecutions (DPP) who are the respondents in this matter.
“The respondents in this application have not filed an affidavit in reply since March 2023 which means that they are not opposing the halting of the trial,” Matovu submitted.
However, the judge brushed aside his submission that the state is not opposing the application, reasoning that the last time the application came up on May 1, the respondents were given timelines in which to respond although they have not yet filed.
“There was a related application which was handled first and disposed of therefore, I cannot conclude that the matter is unopposed,” Justice Khaukha ruled.
In their application, the MPs contend that they petitioned the Constitutional Court seeking for the interpretation on 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.
In the February petition before the Constitutional Court, they are also challenging their trial on two separate files in different courts saying that it amounts to abuse of court process and political persecution.
However, in their application seeking to halt their trial before the ICD, the legislators argue that there is a serious threat of conviction and that they fear that immediately after the trial, 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.
The legislators are facing charges of terrorism, murder, attempted murder to aiding and abetting terrorism together with five other suspects who include; Mike Sserwadda, Jude Muwonge, Bulo Wamala, John Mugera and Jackson Kanyike.
They are accused of being behind the spate of killings that left about 26 people dead in Uganda’s Masaka Sub-region between March and June 2021.
