DPP withdraws charges of obtaining registration by false pretence against Bobi Wine

The Director of Public Prosecutions (DPP) has withdrawn charges of obtaining registration by false pretence against the President of the National Unity Platform Party, Mr Robert Kyagulanyi Ssentamu, alias Bob Wine.

Mr Kyagulanyi was dragged to Law Development Centre Court in Kampala by Mr Male Mabirizi in September 2021 accusing him of having been admitted at Makerere University to pursue a Diploma in Dance and Drama on mature-age entry when he reportedly did not meet the criteria for such an admission.

However, the DPP on October 7 took over the case from Mr Mabirizi citing Article 120 of the Constitution that empowers the DPP to take over prosecution of any criminal matter at any given stage of the trial.

When the case came up on Monday for the mention, the state attorney Ms Joy Apolot tendered in a withdrawal letter dated December 16, 2021, withdrawing charges against Mr Kyagulanyi.

 “This is to inform the court that the Director of Public Prosecutions has decided to discontinue proceedings against Kyagulanyi Ssentamu Robert charged with obtaining registration by false pretence C/S 312 of the penal code Act CAP 120,” the letter reads in part.

However, this did not go on well with Mr Mabirizi who raised an objection to the withdrawal saying that it was wrong for DPP to withdraw proceedings initially commenced by a private prosecutor without his consent.

The trial magistrate Ms Marion Ninsima adjourned the matter to February 14 to make her ruling to the objection raised. 

Mr Mabirizi in his suit had contended that Mr Kyagulanyi was irregularly admitted at Makerere University where he obtained a diploma in music, dance and drama. 

He had further stated that the act constitutes a criminal offence of obtaining false registration as per section 312 of the Penal Code Act which provokes maximum imprisonment of one year on conviction. 

According to the court documents, Mr Kyagulanyi enrolled at Makerere University in 2000 on mature entry arrangement.  

Court documents further indicate that Mr Kyagulanyi was not eligible for admission on the programme since it was meant for people of 25-years and above.

Mr Mabirizi had also stated that by the letter dated March 12, 2021, the academic registrar availed him the Makerere University prospectus 1999/2000-2000/2001, whose paragraph required a person to be admitted under mature age to be at least 25-years old and completed formal education at least five years previous to the year of admission and Mr Kyagulanyi allegedly had none of the said qualifications.  

“When I perused through the documents which Mr Kyagulanyi presented for admission at the university, I discovered that he was born on February 12, 1980, and sat and passed mature entry examinations on March 3, 2000,” reads in part Mr Mabiizi’s affidavit. 

Mr Mabirizi explained that Mr Kyagulanyi sat mature entry examinations at 20 years, contrary to the University policy. 

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