Lawyer Mabirizi protests as state takes over Bobi Wine's prosecution for falsifying his age
The state has taken over prosecution of Kyadondo East Member of Parliament, Robert Kyagulanyi in a case where he is accused of giving wrong information concerning his age to parliament and the passport office.
On Monday, lawyer Male Mabirizi filed a private prosecution before the Buganda Road Chief Magistrate Court accusing the legislator of giving false information, contrary to section 115(a) of the Penal Code Act.
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“Kyagulanyi Ssentamu Robert on the 11th day of July 2017 at parliamentary building , Parliamentary avenue, Kampala Central Division in Kampala district , you gave false information to the Clerk to Parliament ,a public officer that you were born on February,12, 1982 knowing that it was false and you thereby caused the Clerk to Parliament to enter false information on Uganda Parliament’s records and website, a thing she ought not to have done had she known the truth,” Mabirizi’s charge sheet reads in part.
The Kyadondo East legislator is also accused of obtaining registration by false pretence contrary to section 312 of the Penal Code Act when his name was entered into parliament’s records under false pretence that he was born on February,1, 1982 yet it was not true.
Kyagulanyi is also accused of declaring false information to immigration officers while applying for his passport on March,1, 2000.
However, according to September,2, 2020 letter to the Buganda Road Chief Magistrate, Jane Kitimbo, the Resident Chief State Attorney for Buganda Road Court says the DPP is taking over prosecution in the matter.
“Pursuant to Article 120(3) (c ) of the Constitution of the Republic of Uganda 1995 and section 43(1) (a) of the Magistrates Courts Act cap.16, the Director of Public Prosecutions is taking over and will continue to conduct the criminal proceedings in this case,”Kitimbo says.
The Resident State Attorney has consequently asked lawyer Mabirizi to furnish the DPP’s office with all evidence regarding the matter.
Mabirizi protests
However, in a response to the Resident State Attorney’s letter, lawyer Mabirizi who initiated private prosecutions against Kyagulanyi has protested against the state’s intervention.
“The Resident State Attorney, if she so wishes, can only make an application to court, with reasons to which I will respond before court exercises its independent powers enshrined in Article 128(1) and (2) of the Constitution to decide on the matter,”Mabirizi says in his letter to the Buganda Road Chief Magistrates Court.
The lawyer says the trial magistrate should ignore the Resident State Attorney’s letter showing that the state has taken over the proceedings without any court hearing.
“This is an extra ordinary case where the alleged offences were committed in Mach 2000 and for the past 20 years the state has been silent about the crimes which made me investigate the matter myself and it is perplexing how they now claim to be interested in my case,” the lawyer says.
https://nilepost.co.ug/2020/08/31/mabirizi-asks-court-to-arrest-bobi-wine-as-more-criminal-proceedings-are-instituted/
