Lawyer Hassan Male Mabirizi has written to Wakiso Chief Magistrate’s Court seeking to be granted permission to prosecute Hon Robert Kyagulanyi Ssentamu with 5 counts resulting from contents of his Academic qualifications.
In his letter dated August 24, 2020, received by the court on Tuesday August 25, 2020, Mabirizi has asked court to allow him conduct private prosecution of the case at the same time issue a warrant of arrest against the legislator ahead of his trial.
“Section 42(6) provides that a warrant of arrest shall not be issued in the first instance unless the charge is supported by evidence on oath, either oral or proceed under the above provisions to apply for issuance of Warrant of arrest against Hon Robert Kyagulanyi,” the letter reads in part.
In his affidavit accompanying this request, Mabirizi says that he is a civically active Ugandan who has been following Constitutional, Human Rights and rule of law since the days of his secondary school.
He informed court that he received the legislator’s academic documents from the Electoral Commission and discovered a number of discrepancies which resulted into a number of criminal offences.
“I know that the above constitute offences of giving false information contrary to section 115 (a) of the Penal code Act (PCA), Obtaining Registration by false pretense contrary to section 312 PCA and uttering false documents contrary to section 315 and 347 of PCA for which the accused should be charged with,” Mabirizi argued.
Petitioning Wakiso court, Mabirizi alleged that the said offences were committed at the office of the Returning officer for Wakiso district under the criminal jurisdiction of that court.
Handing over the matter to the Director of Public Prosecution (DPP) as the law requires, the lawyer says that currently he is not willing to hand over his evidence to anybody who is not the court.
On top of that, Mabirizi has already petitioned NIRA, Passport office over the same matter so as to have more information (evidence) which will help him in pursuing his case.
In this matter Mabirizi accuses Kyagulanyi of giving false information to various authorities regarding his date of birth and academic qualifications which is against the laws of Uganda.