The Director of Public Prosecutions (DPP) has taken over proceedings in which Lawyer Hassan Male Mabirizi Kiwanuka filed 10 counts against Lt Gen Muhoozi Kainerugaba, Speaker Hon Annet Anita Among, Deputy Speaker Hon Thomas Tayebwa, Minister Jane Ruth Aceng, and 21 others.
All the 10 counts against the above are said to have originated from the Speaker’s thanksgiving ceremony which was held in her home in Bukedea as well as Lt General Muhoozi Kainerugaba’s visit to Bukedea and Soroti district.
Mabirizi petitioned Kumi Chief Magistrates court seeking to prosecute privately the above-mentioned officers for violating various provisions of the constitution
However in a letter dated 21st August 2023, Kally Rose Byamugisha, Kumi Resident State Attorney, on behalf of the DPP wrote to the Chief Magistrate of Kumi court informing her of her intention to take over the Prosecution of the said case.
“This is to notify you that the Director of Public Prosecution will, in the exercise of functions under Article 120(3) (c) of the constitution and section 43 (1a) of Magistrate Court Act, take over and continue with the prosecution of the above case.” reads part of the letter
Byamugisha therefore asked the court to notify them of the hearing date so as to enable them to make necessary preparations and attend court on that date.
By copy hereof, Mr. Mabirizi is informed of the DPP’S intention to take over and continue the conduct of proceedings in this case and is further requested to provide us with reasonable information, assistance, and documents in his possession or control.
Upon receiving this letter, Mabirizi dragged his feet saying that the prosecutor’s request was null and void since proper procedures of the law were not followed.
“Accordingly, the letter dated 21 August 2023 by Resident Senior State Attorney Kumi purporting to takeover before I have made submissions on my application for summons upon which court will make a ruling on confirmation of charges is null and void, and should be disregarded.” Mabirizi submitted
He therefore prayed to the court, to set the date for hearing his legal arguments in support of his application for summons.
