High court Criminal Division in Kampala has asked Wakiso Magistrates court to send over the case file in which city lawyer Hassan Male Mabirizi accuses Hon Robert Kyagulanyi aka Bobi Wine of giving false information to the Electoral Commission.
On September 16th 2020, Wakiso Grade One Magistrate Esther Nadoyi cleared the Director of Public Prosecution (DPP) to take over this matter which was instituted in form of private prosecution.
Mabirizi (private prosecutor) however, objected to this citing a number of grounds. He decided to challenge the magistrates court decision in High court.
In a 22nd September letter, the High Court Deputy Registrar Mary Kisakye Kaitesi informed the Wakiso Court about the move to review the lower court decision on this matter.
“The above applicant has filed an application for revision at the High Court Criminal Division. You are requested the original file with certified copies of judgement, proceedings and exhibits if any as soon as possible.”
Mabirizi sued Kyagulanyi the National Unity Platform (NUP) Presidential hopeful accusing him of giving false information to various authorities regarding his birth date and academic qualifications which is against the laws of Uganda
Although this is a criminal case, he asked court to allow him proceed under Private Prosecution as provided for under the law.
Later on the DPP basing in the powers given to him by the constitution expressed interest to take over the matter which court cleared.