Lawyer Mabirizi Loses Appeal on DPP’s Takeover of His Case Against Kyabazinga

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The Grade One Magistrates Court in Jinja District has upheld the Director of Public Prosecutions (DPP) decision to take over the criminal case against the Kyabazinga of Busoga, His Royal Majesty William Wilberforce Gabula Kadhumbula Nadiope IV, and his newlywed wife.

Hassan Male Mabirizi had filed a case against the Busoga King and others, alleging they engaged in an illegal marriage. The other defendants include Archbishop Stephen Kaziimba Mugalu, who presided over the marriage, and Buganda Queen Sylvia Nagginda, who signed the marriage certificate as a witness.

Mabirizi claimed that the marriage was invalid because Nadiope had previously married Alison Anna in England in December 2016. He charged them with fictitious marriage, bigamy, and conspiracy to commit felonies.

The DPP took over the proceedings through a letter dated November 21, 2023. On Friday, Magistrate Anxious Atumanya dismissed Mabirizi’s application, stating that the law allows the DPP to take over proceedings at any stage.

“The article does not require the consent of court when the DPP is taking over but rather the consent is necessary when the DPP is withdrawing the same Section 43 (1) of the Magistrates Act Cap 16 states that where criminal proceedings have been instituted by a person other than a public prosecutor or a police officer under section 42, the Director of Public Prosecutions may take over and continue the conduct of those proceedings at any stage before the conclusion of the proceedings”,  held Atumanya.

Atumanya also found that Mabirizi wrongly sued the DPP, as it is not a body corporate that can be sued.

“Based on the above authority, the DPP cannot be sued as that office cannot sue or be sued I find that the application was wrongly instituted against the respondent and as such the same cannot stand and ought to be struck out”, said Atumanya.

After the ruling, Mabirizi appealed to the High Court, arguing that the magistrate ignored statutory and constitutional provisions and decided cases. The matter will return to court on July 3rd.

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