By Spy Uganda
Last year, lawyer Male Mabirizi instituted case proceedings against the National Unity Platform (NUP) president and presidential flag bearer Robert Kyagulanyi over his ‘doctored’ age alleging that he had committed criminal offences by lying about his date of birth.
Later, the DPP took over the case which she later dustbinned saying that the law mandates her to take over all the criminal proceedings in the country and trashed the case.
“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,” said the DPP then adding;
“…in that regard, the complainant is required to furnish the director of public prosecutions all reasonable information, assistance and to furnish any documents or other matters in his possession or under his control regarding this case.”
However, Mabirizi objected to the withdrawal saying that the law doesn’t allow the DPP to withdraw charges commenced by an individual or an authority without the consent of the person who initiated them.
The above has today been trashed by the Law Development Centre Court presided over by Grade One Magistrate Augustine Alule and discharged Robert Kyagulanyi Ssentamu on the above charges.
Magistrate Alule ruled that Mabirizi lost the right to represent himself when the DPP took over the case, and therefore he didn’t have powers to object the withdraw of the case by DPP.
“Constitution gives the DPP powers to take over all criminal matters in the country and to exercise this power judiciously,” ruled Alule.
Further, Alule educated Mabirizi that the DPP is an independent government institution that acted within the powers given to them by withdrawing the charges.
- Mabirizi alleged that on July 11, 2017, Kyagulanyi gave false information to the clerk to parliament who is a public officer that he was born on February 12, 1982, well knowing that it was false. As a result, Mabirizi contended that the clerk to parliament entered that false information on their website.
- He also alleged that in March 2000, Kyagulanyi lied to the passport office at the ministry of Internal Affairs that he was 18 years yet according to Mabirizi’s evidence, Kyagulanyi was 20 years old then…but any way to cut it short,…Mabirizi has lost it all against Kyagulanyi.
