City lawyer Hassan Male Mabirizi has petitioned High Court Criminal Division asking it to set aside the lower court decisions in which the Director of Public (DPP) was allowed to take over his case against Robert Kyagulanyi which he brought in court under private prosecution.
In a 28th September 2020 letter, Mabirizi asked High Court to set aside all the decisions of Buganda Road court, and to reinstate him as the private prosecutor.
He also wants the lower court directed to take action in this case only in the presence of the accused (Kyagulanyi)
Mabirizi says the Magistrate before taking her decision failed to establish whether the Resident State Attorney had instructions from the DPP to take over the matter as she was alleging.
He also claims that the Magistrate failed to ensure that the State Attorney’s reason for taking over was within public interest or in the interest of Adminstration of Justice.
The Deputy Registrar having acknowledged receipt of this letter, is expected to respond and guide on the way forward.
On Monday, Principal Grade One Magistrate of Buganda Road Stella Amabirisi allowed DPP to take over Mabirizi’s case and ordered him to provide them with all evidence.
In this matter of falsification, Mabirizi alleges that on 17th July 2017 at Parliamentary Building, Parliament Avenue Kampala, Kyagulanyi wilfully procured Registration into Uganda Parliament’s record under false pretence that he was born on 12th February 1982.