An application seeking the unconditional release of former Buyende district Police Commander SSP Muhammad Kirumira has been thrown out by Buganda Road Chief Magistrates’ court over lack of jurisdiction to hear the same.
Grade one magistrate Robert Mukanza dismissed the application saying Kirumira was legally before a competent tribunal and it wasn’t his courts role to answer whether the senior officer was being detained in the legally gazeted place or not.
“On whether court has powers to determine whether or not court has powers to answer the applicant’s questions, the answer is in the negative,” Mukanza ruled.
“Our court has no powers to interfere with proceedings at the police court where the applicant is legally appearing before a court with a competent jurisdiction” he added.
Kirumira supported by his father Abubaker Kiryowa filed an application at the Buganda road chief magistrates court seeking orders that he be unconditionally released from police custody where he is being detained without new charges being leveled against him.
Kirumira’s lawyer Jude Mbabali informed court on Wednesday that though the law establishes the police court it’s only a disciplinary tribunal with no powers to remand someone as it has done for Kirumira.
However, the resident state attorney at Buganda Road court Jonathan Muwaganya raised a preliminary objection challenging the jurisdiction of the magistrate’s court to hear the matter saying only the high court or appellant’s court has powers to hear the same.
The court concurred with the state attorney and dismissed this application in absence of both the lawyer and Kirumira’s father.
The magistrate noted that the police act establishes the disciplinary court where the applicant is being tried as an officer serving at the rank of senior superintendent of police.
He however added that the act stipulates designated places of confinement and on whether Kirumira was being detained legally wherever he is was not this court’s question to answer.
The magistrate also ordered the parties in the case to bear their own costs.
