Constitutional Court Throws Out Kamoga Petition

Constitutional court has dismissed an application by jailed Muslim clerics facing charges of masterminding the murder their fellow clerics, for sale filed against the Public Prosecutions (DPP).

The sheikhs led by Yunus Kamoga had sought contempt of court orders against the DPP Mike Chibita for refusing to disclose his intended evidence against them within 2 months as earlier ordered by the International Crimes Court in March 2015.

In their ruling the 5 justices of the Constitutional Court led by the Deputy Chief Justice Steven Kavuma have unanimously resolved that the Sheikh’s petition lacked merit since it raised no grounds for Constitutional interpretation.

The judges ruled on Wednesday that there was no way they could interfere with matters regarding evidence because the DPP   does not work under control or authority of any person.

The judges said  the  petitioners would  have explored other alternatives including petitioning the trial  (International Crimes Division) court to enforce its order or could petition the  High Court’s Civil division to enforce their right to disclosure.

The petitioners had also asked court to interpret whether it was lawful for police to torture them and detain them beyond 48 hours without producing them in court for formal charging.

On this matter, side effects the judges also pointed out that there was nothing to constitutionally interpret; but advised the petitioners to seek remedy in civil courts.

However the judges noted that even though the DPP later on complied with the order and availed the evidence, the Sheikhs are still at Liberty to seek remedies from a competent court if they feel their right to have this evidence on time was  violated.


Hearing of the trial of the trial where 14 Muslim clerics are accused of masterminding plot of murdering Sheikh Mustapha Bahiga, Sheikh Hassan Kirya commenced before three justices of the International Crimes court and so far more than 10 prosecution witnesses have testified.

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