The Chief Magistrates Court at Kanyanya Chief Magistrate’s Court has resumed proceedings in a case where Alex Waiswa Mufumbiro, the deputy spokesperson of the National Unity Platform (NUP), is facing charges of inciting violence.
The case returned to court after the prosecution refiled the charges following an earlier dismissal at the Nakawa Chief Magistrate’s Court. In that earlier ruling, the court found procedural irregularities in the case, particularly relating to jurisdiction.
Prosecutors subsequently reintroduced the matter before the Kanyanya court, arguing that it is the proper court with the jurisdictional competence to hear and determine the case.
However, Mufumbiro’s defence team has challenged the move, asking the court to dismiss the charges on the grounds that proceeding with the case would violate the constitutional principle of double jeopardy.
The lawyers argued that the matter had already been dismissed by the Nakawa court and cannot lawfully be revived in another court through what they described as a “stealthy resurrection” of the same charges.
They contend that allowing the prosecution to restart the case would undermine legal safeguards that protect accused persons from being tried more than once for the same offence, a protection enshrined in Constitution of the Republic of Uganda.
Prosecution, however, maintains that the case was not determined on its merits but was dismissed on technical grounds related to jurisdiction.
As a result, the state argues that it is legally permitted to refile the charges before a court that has the authority to hear the matter.
The prosecution further told court that bringing the case before the Kanyanya court is intended to correct the procedural defects that led to its earlier dismissal.
Chief Magistrate Doreen Ainembabazi heard submissions from both the defence and the prosecution and adjourned the matter.
She is expected to deliver her ruling on March 27, determining whether the charges should be dismissed or whether the trial will proceed.
The case adds to a number of legal battles involving members of the National Unity Platform, Uganda’s leading opposition party led by Robert Kyagulanyi, popularly known as Bobi Wine.
Over the past several years, several party leaders and supporters have faced charges ranging from unlawful assembly to incitement and public order offences, which the party often describes as politically motivated.
The upcoming ruling is expected to clarify whether the prosecution’s decision to refile the charges meets the legal threshold or whether it violates the constitutional protections afforded to the accused.