Just hours after Wakiso Grade One Magistrate Court allowed the DPP to take over his case against Hon Robert Kyagulanyi and declined to issue a warrant against the MP, city lawyer Hassan Male Mabirizi has rushed to the High Court Criminal Division challenging the lower court’s decision.
Mabirizi was today removed from his case in which he sought to privately prosecute Hon Bobi Wine for allegedly giving out false information during his nomination process which brought him to Parliament.
Mabirizi says in his High Court petition that Magistrate Esther Nadoyi failed to rule on whether it was lawful to proceed in absence of Kyagulanyi and also failed to task the State Attorney to produce instructions from the DPP himself.
“The Magistrate failed to ensure that the intended takeover was in public interest, interest of administration of Justice or preventing abuse of the Court process,” he added
“It’s accordingly in my prayer that the High Court will be pleased to set aside the impugned proceedings and orders and reinstate the private prosecutor.”
The appeal was received and acknowledged by the High Court Criminal Division registry on Wednesday 16th September 2020.
Mabirizi dragged Kyagulanyi, the National Unity Platform (NUP) Presidential candidate to court 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 to proceed under Private Prosecution as provided for under the law.
However today, Wakiso grade one Magistrate Esther Nadoyi allowed the DPP to take over the matter after the request by the state Attorney.