DPP allowed to prosecute Minister Kutesa for allowing Kavuya family fly back during Covid-19

The Buganda Road Magitstrates Court has allowed the Director of Public Prosecution to take over prosecution of the matter in which Foreign Affairs Minister Sam Kutesa is accused of allowing the family of city businessman fly back home despite a presidential directive against the same.

Last month, Kutesa was criticized for authorizing Ben Kavuya's wife, daughter Blanche Kibaju and grandson Isaiah Tiba Byabashaija to fly from the US despite the closure of airports and borders into the country as a measure to prevent the spread of Coronavirus.

Consequently, Kampala lawyer, Leonard Otee petitioned Buganda Road magistrates court seeking for private prosecution of Foreign Affairs Minister Sam Kutesa and the three returnees who are part of Kavuya’s family.

https://nilepost.co.ug/2020/05/15/minister-kutesa-under-fire-for-allowing-tycoon-kavuyas-family-fly-into-country-from-us/

However, the Director of Public Prosecutions requested the court to be allowed to take over the prosecution.

On Thursday, Buganda Road Court Senior Grade One Magistrate Stella Maris Amabilis ruled that the DPP can legally take over the prosecution since it is provided for in the Constitution.

“The DPP has powers to take over criminal proceedings at any time because the Constitution which is the supreme law of the land overrides the Magistrates Courts Act,” the magistrate ruled.

She consequently disallowed Otee’s application for a private prosecution and directed the lawyer to provide his evidence to the DPP so as to continue with the public prosecution.

The case

In his application before the court, Otee says that Kutesa cleared Kavuya’s family to travel from the US which was in total breach of the presidential directives made on March 24, 2020, that banned all passenger flights to and from the country to help stop the spread of Coronavirus.

The lawyer argued that because of the directive, many Ugandans including students among others were denied a chance to return home and are still stranded abroad and that it was illegal for Kutesa to clear Kavuya’s family to return when many others were barred.

Otee then asked the court to prepare a charge sheet against Kutesa and the three members of Kavuya’s family but also issue warrants and summons compelling them to come to court and face prosecution for violating the presidential directives on curbing the spread of the virus