KAMPALA – High Court Criminal Division presided over by Justice Isaac Muwata on Wednesday 22nd January has nullified the pleas entered by Kakwenza Patricia, Nkwanza Martha Katanga, Otai Charles, and Amanyire George at Nakawa Chief Magistrates Court.
The four accused persons currently on remand at Luzira Prison , are charged with destroying evidence and being accessory after the fact in relation to the murder of business man Henry Katanga in November 2023.
This decision followed an application that was filed before the High Court by the Director of Public Prosecutions challenging the actions of the Chief Magistrate of Nakawa for taking pleas from the aforementioned accused persons for offenses all on a charge sheet that included a count of murder against Molly Katanga (widow)
The application, supported by an affidavit sworn by Anna Kiiza, Chief State Attorney, raised a critical issue for the court’s consideration — whether the Magistrate had the jurisdiction to accept pleas on a charge sheet that included a count of murder.
“It is not in dispute that the Chief Magistrates Court is clothed with jurisdiction to hear and determine the offence of destroying evidence contrary to section 102 of the Penal Code Act, and that of being accessory after the fact of murder contrary to section 392(1) of the Penal Code Act. The charge sheet in the instant case however contains a count of murder which is clearly outside the jurisdiction of the Chief Magistrates Court.” Ruled court
The learned judge emphasized it that the purported actions taken by the learned Chief Magistrate were irregular and a nulity at law adding that he had no power to take plea on a charge sheet that contained a count of murder.
“ It is only a court with jurisdiction over all the counts in a charge sheet that has the power to take plea, hear and determine the case or grant bail.”
Its for the above reasons that court set aside resultant pleas for being irregular and a nullity , thereby ordering that all respondents shall take plea at the commencement of their trial before a court of competent jurisdiction.
The application was handled by Samali Wakooli, Assistant DPP, Jonathan Muwaganya, and Anna Kiiza, Chief State Attorneys in the Office of the DPP.
