Court dismisses common nuisance case against MP Ssemujju, 13 others

Police arrest Kampala deputy mayor Doreen Nyanjura of the breakaway FDC Katonga group at Golf Course in Kampala on August 5, 2024 as they were marching to the Kenyan Embassy in Uganda to protest against the arrest of 36 party subscribers from a hotel in Kisumu. PHOTO/ ISAAC KASAMANI
What you need to know:
- Prosecution had claimed that the group and others still at large on August 5, 2024 at Katonga Road in Kampala Central, Kampala district did an act not authorized by the law to wit being rowdy and blocking walkways which obstructed and inconvenienced the public in the exercise of their common, right, thereby concluded to be common nuisance.
Buganda Road Chief Magistrate’s Court in Kampala has dismissed the case of being common nuisance against Kira Municipality MP, Ibrahim Ssemujju and 13 other members of the opposition Forum for Democratic Change (FDC)- Katonga faction.
The Chief Magistrate Ronald Kayizzi dismissed the case after the state failed to present witnesses or evidence to pin the opposition activists who also include; Deputy Kampala Lord Mayor Doreen Nyanjura, Kabale Municipality MP Nicholas Thadeus Kamara, Ronald Mugume Kaginda, Harold Kaija and Wahab Musinguzi.
The others are; Eric Wasswa Kawesa, Phionah Kabayiza, Zalikah Mutesi, Gilbert Nayebare, Innocent Turyahikayo, Beston Mutambi, Faridah Nangozi and Ingrid Turinawe.
According to the magistrate, the accused persons took plea on August 5, 2024 and since then, no single witness has ever been produced in court to testify against them. On November 4, 2024 court gave the state the last adjournment to produce their witnesses on December 9, 2024 but they did not. The state then asked for more time before court adjourned the proceedings to January 22, 2025.
“This court agrees with the defense lawyer to have the case dismissed for want of prosecution under Section 119 of the Magistrate’s Court Act (MCA) as the period from August 5, 2024 is too long for the state not to produce any single witness in court. The state is hereby advised to reinstate the case if it is ready to prosecute the accused persons. All accused persons are hereby set free unless held on other lawful charges,” Mr Kayizzi ruled.
Through their lawyer Mr Samuel Wanda, the group that had appeared in court on Wednesday asked the magistrate to dismiss the case that was slapped against them for want of prosecution.
However, prosecution led by Mr Ivan Kyazze had told court that the witnesses were not yet in court thus seeking another adjournment which was rejected.
Prosecution had claimed that the group and others still at large on August 5, 2024 at Katonga Road in Kampala Central, Kampala district did an act not authorized by the law to wit being rowdy and blocking walkways which obstructed and inconvenienced the public in the exercise of their common, right, thereby concluded to be common nuisance.
The group was on August 5, arrested by the police as they attempted to march to the Kenyan High Commission in Kampala to present their petition challenging the alleged unfair treatment and arrest of 36 colleagues in Kenya.
The group had started marching from their offices on Katonga Road carrying banners with portraits of the 36 party officials who are facing terrorism charges before the chief magistrate’s court at Nakawa where they appeared for mention of their case as they await to be committed to the High Court that has jurisdiction to hear their matter.
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