Buganda Road Principal Grade One Magistrate Stella Amabirisi has declined to issue criminal summons against Hon Robert Kyagulanyi Ssentamu aka Bobi Wine in the case in which lawyer Hassan Male Mabirizi accuses him of giving false information to the Passport Office.
Mabirizi in this matter he brought as private prosecution alleges that on 17th July 2017 at Parliamentary Building, Parliament Avenue Kampala wilfully procured Registration into Uganda Parliament’s record under false pretence that he was born on 12th February 1982.
In her ruling delivered on Monday, the magistrate pointed out that the law grants her powers to first issue a charge sheet with consultation from the local chief before issuance of Criminal summons in matters of this nature.
“In this matter court has not drawn any charge sheet and so I cannot issue any criminal summons.”
Amabirisi also noted that this would have worked before the DPP took over the matter, yet they already have, basing on Article 120 of the Constitution.
“DPP has powers to take over any criminal prosecution at any point he or she wishes and in the exercise of his mandate he doesn’t need the leave of court.”
The magistrate as such asked Mabirizi to avail the DPP with all evidence he intends to rely in prosecuting the matter.
This comes a week after Wakiso chief Magistrates court allowed the DPP to take over the matter in which he brought against Kyagulanyi under private prosecution.
In the appeal arising from the above matter, High court has already asked for the file to be presented for review.