Court gives Ssemakadde last chance to appear or be arrested

The president of Uganda Law Society, Mr Isaac Ssemakadde has been given one more chance to appear before Buganda Road Chief Magistrate’s Court in Kampala and take plea or be arrested.

The maverick lawyer is facing charges of indecent assault that were privately instituted by his learned colleagues for allegedly insulting the Director of Public Prosecutions (DPP), Ms Jane Frances Abodo.

The Chief Magistrate, Mr Ronald Kayizzi while issuing the last summons on February 10, reasoned that he would give Mr Ssemakadde a benefit of doubt in the interest of justice as it was submitted through his lawyers that he had a bad cough the last time (January 31, 2025) he was required to appear and take plea but never showed up.

He is now expected in court on February 24 without fail.
“I decline to issue a warrant of arrest as prayed for by the private prosecutors. I instead extend criminal summons for the accused to appear in this court on February 24, 2025 to personally take a plea. If he does not appear on that day, this court will have no alternative but to issue a warrant of arrest against him,” Mr Kayizzi said during the February 10 court proceedings.

Adding…“There may be pending cases filed by the accused person in the High Court but this Court has not received an order from the High Court staying proceedings in this case and until such an order is issued by the High Court, this trial will proceed.”
On January 17 court sanctioned criminal charges and issued criminal summons against Mr Ssemakadde requiring him to appear in court on January 31. However, he did not personally appear and was instead represented by his lawyers prompting the private prosecutors to apply for a warrant of arrest against him.
Mr Ssemakedde through his lawyers led by Mr Derrick Bazzekuketta opposed the warrant of arrest reasoning that he had appeared through his advocates pursuant to Article 28 (3) (d) of the Constitution.

He further told the court that Mr Ssemakedde has since filed High Court Revision Application No. 02 of 2025 and Miscellaneous Application No. 030 of 2025 arising therefrom which are both pending hearing that these should be heard first.
In response, the Private Prosecutors led by Mr Joshua Byamazima submitted that appearance in criminal matters must be in person and that counsel for the accused cannot take plea on behalf of the accused person.

“An accused person under Article 28 (5) of the Constitution cannot be prosecuted in his absence save under special circumstances stated in the said Provision which do not exist in this case thus the court should issue a warrant of arrest against the accused,” Mr Byamazima previously submitted.

The trial Chief Magistrate concurred with the private prosecutors that indeed an advocate cannot take a plea on behalf of an accused person and thus the accused person should personally take a plea.

“Even where an advocate appears on behalf of the accused under Article 28 (3) (d) of the Constitution, that advocates cannot take a plea on behalf of the accused person and therefore trial cannot commence. An accused person 6 on whose behalf counsel appears under Article 28 (3) (d) of the Constitution should at one point appear in Court to plead to the charges. Therefore, Mr. Ssemakadde has to at one point appear personally to plead to the charges unless they are stayed by the High Court.” Mr Kayizzi held.

Mr Ssemakedde is required to appear in court to answer charges of insulting the modesty of a woman contrary to Section 115(3) of the Penal Code Act.
Two lawyers, Mr Byamazima and Mr Tonny Tumukunde filed a complaint by way of private prosecution against Ssemakadde.

It is alleged in the charge sheet that Mr Ssemakadde on November 18, 2024 at the office of the People’s Front for Freedom (PFF), Katonga Village in Kampala District with intent to insult the modesty of a woman, namely; Ms Abodo, uttered words referring to her as “a v***na from Karamoja, a dead wood, a dimwit and a shameless Careerist” intending that the said words should be heard by the said Lady Justice.

The development comes after Chief Justice Alfonse Owiny-Dollo demanded that Mr Ssemakadde apologises to Justice Musa Ssekaana or he takes action against him for allegedly insulting him on social media.

He is accused of abusing Justice Ssekaana by belittling the size of his private parts when he sentenced city lawyer Hassan Male Mabirizi to 18 months for contempt of court.
Mr Mabirizi served his sentence in Luzira prison and regained his freedom.
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