Lawyer Hassan Male Mabirizi Kiwanuka has filed a criminal case against presidential hopeful Hon Robert Kyagulanyi Sentamu aka Bobi Wine which he seeks to prosecute on a private basis.
“The complaint is supported by evidence contained in my own affidavit to which I pray that upon addressing your mind the on same, you be pleased to invoke your powers under section 42(5) to sign a charge sheet for these offences,” Mabirizi wrote.
On the charge sheet which he intends to use in prosecution once granted an opportunity by the Buganda Road Magistrates Court, Mabirizi has preferred charges of obtaining registration by false pretense as well as giving false information contrary to section 115 (a) of the penal code Act.
This resulted from a copy of passport which Kyagulanyi posted on his Facebook page last night stating that it contains his true age as well as the date of birth on not as that on the Parliamentary website.
Mabirizi contends thus, “On July 17, 2017, at the Parliamentary Building, Parliament Avenue Kampala, you willfully procured Registration into Uganda Parliament’s record under false pretense that you were born on February 12, 1982.
On the matter of Giving false information, Mabirizi alleges that on March 1, 2000, at the Kampala Passport office, Kyagulanyi gave false information to the passport control knowing that it was false and thereby caused the officer to issue him with a Ugandan passport number B228848 with such a date which she wouldn’t have done had she known the truth.
In this matter, Mabirizi has based on section 42(3) of the Penal Code Act, which gives any person with probable cause that offence has been committed, to take the alleged matter to the Magistrate.
However, the law gives the Director of Public Prosecution DPP authority to take over this kind of prosecution at any stage they find necessary.