Court Sets Date To Hear Public Nuisance Case Against First Son Gen. Muhoozi Kainerugaba
Chief Magistrates Court at Buganda Road has fixed August 22 for the mention of the case where City Lawyer Male Mabirizi accuses the First son and Senior Presidential Advisor on special operations Muhoozi Kainerugaba of being a public nuisance, then conspiracy on the co-accused; the Igara East legislator Michael Mawanda Maranga and the renowned event’s promoter, Balam Barugahaara. All the charges are against their contravention of section 180 of the UPDF Act.
According to the prosecution, the case was formerly filed by Mabirizi in 2022 at City Hall Court and the Director of Public Prosecutions decided to take over when it was against one accused (Muhoozi Kainerugaba) but many questions lingered on how Mabirizi ended up adding on the other co-accused.
In this, the prosecution, therefore, prayed that Court strikes out the other charges and the co-accused that were later amended by Mabirizi on the charge sheet.
However, the presiding Chief Magistrate Ronald Kayizzi declined to grant the prosecutions’ prayer, citing that removing the other co-accused is only within the powers of the high court but accused the City Hall Court of erroneously receiving Mabirizi’s fresh prosecution yet the Director Public Prosecutions had taken over the case that was against one accused.
Meanwhile, the chief Magistrate also informed the ‘private’ prosecutor Male Mabirizi that he no longer has any role in the case he filed against Gen Muhoozi.
Court told Mabirizi in absentia that his case had been taken over by the Office of the Director of Public Prosecutions (DPP) and as a result, he can only appear as a witness.
Court also discovered that Mabirizi using some tactics managed to make amendments to the file by adding more persons; Mawanda Micheal Muranga, Andrew Mujuni Mwenda, Barugahare Balam Ateenyi, Kabanda David, Nuwagira Micheal, Kaguta Alias Toyota, Lillian Aber, Katungi Micheal.
As a result of the above, Court today pushed the matter to 22nd August 2023 when it will be heard at the High Court which will erase those who were added illegally since Buganda road court has no powers to do so.
Later speaking to journalists outside the courtroom, lead Counsel for Gen Muhoozi, Fred Mukasa Mbidde noted that when they got instructions from Gen Muhoozi to take over this case, they applied to the Chief Magistrates Court at Buganda Road to have the case transferred from KCCA court, ”from the hands of those that had recklessly agreed up on the files and the floricsomeludic by Mabirizi.”
Mbidde warned Ugandans like Mabirizi to stop staggering on people who are working sleeplessly to take the country forward.
”Despite the fact that the amendments by Mabirizi were even laughable, he chose to try Mr. Balaam and Hon Mawanda and others under the UPDF act which they are not subject to, so this is majorly tamarutous and treating serious leaders to bangara. Persons that would be progressing, combing the nooks, alcoves and crannys of the country over how we must move on being treated and introduced to laughable trials before courts of law.”
Background Of The Matter
Mabirizi initiated the suit in November 2022 alleging that Kainerugaba addressed a political gathering at Kololo Independence Grounds in Central Division, Kampala City, on October 11th, 2022, without resigning from the UPDF.
According to Mabirizi, this act contravenes section 99 of the UPDF Act, which prohibits serving military personnel from engaging in political activities. Mabirizi further argues that Kainerugaba’s actions caused common annoyance and inconvenience to the public, thereby violating their rights.
But for Mbidde, this is not a case but an attempt to waste Gen Muhoozi’s precious time something he [Mbidde] vows not to allow.
