Controversial Kampala City Lawyer Hassan Male Mabirizi has lost a bid to take over his case against Uganda’s first son Gen Muhoozi Kainerugaba who is facing charges of alleged “disobedience and being a common nuisance.”

We’ve learnt that Mabirizi had filed an amended charge sheet adding seven others but prosecution led by Joan Keko objected, leading to the transfer of the case file to the High Court for criminal revision by the chief magistrate’s court at Buganda Road.

However, while delivering his ruling on whether the private prosecutor could properly file an amended charge sheet in a matter that had been taken over by the Director of Public Prosecutions (DPP), Justice Michael Elubu held that by virtue of the mandate stipulated in Article 120 of the constitution, the DPP has complete control over all prosecutions, except those instituted in the court martial.

It was the court’s observation that Mabirizi initiated the case on November 11, 2021, filed a signed complaint on oath with a charge sheet naming only Gen Muhoozi.

Consequently, criminal proceedings commenced with a case number assigned by a clerk at City Hall Court- and on November 14, 2022 the DPP took over.

“It is certainly expected that the DPP will act in the public interest and the need to prevent abuse of legal process when exercising this prerogative. It is partly because of this expectation that the DPP is not required to inform anyone, not least the person the matter is taken over from of the reason for his action,” the judge held.

He added: “After the takeover, the DPP became the only proper party in the matter and assumed prosecution control.”

This implies that at that stage, the private prosecutor ceased to be a party and ceded all prosecution decisions to the DPP.

“He would at best be referred to as a complainant,” court concluded.

Court also held that the private prosecutor could not file an amended charge sheet as he did not have locus, thus, if there was record to show that the matter was fixed for hearing at City Hall Court, it would clearly be unlawful.

“Again, because he had no locus standi, there was no requirement to serve the private prosecutor with hearing notices. His complaint that his right to be heard was flouted is therefore unfounded. This file is now before this court and no court can sanction any illegality that comes to its notice,” justice Elub ruled.

“It is directed that the amended charge sheet filed on July 13, 2023 was received in error and is accordingly struck out. The prosecution under the DPP shall proceed with the matter originally filed on the November 11, 2022,” the judge added.

The court also maintained that the Chief Magistrate rightly recalled the case file after receiving a complaint that the manner in which the trial was handled at city hall was illegal.

In his amended charge sheet, Mabirizi indicated seven more accused people who include Micheal Mawanda Maranga, journalist Andrew Mujuni Mwenda, events promoter Balam Barugahare Ateenyi, David Kabanda, Micheal Nuwagira Kaguta alias Toyota, Lilian Aber and Michael Katungi.

Mabirizi accused the eight persons of “scandalous conduct and conspiracy to commit misdemeanors.”

According to the amended private prosecution charge sheet, the complainant alleges that serviceman Gen Muhoozi October 10, 2022 addressed a political gathering at Kololo Grounds in Kampala and made public political statements contrary to public order, expectations and morality- and which directly or indirectly affected other Ugandans.

It is also alleged that Gen Muhoozi, Maranga, Mwenda, Balam, Kabanda, Kaguta , Aber and Katungi and others still at large conspired to commit misdemeanors contrary to section 180 of UPDF Act, 2005 and 391 of the Penal Code Act. Cap.120.

Credit: Daily Monitor