The Director of Public Prosecutions (DPP) has withdrawn charges of disobedience and common nuisance against the Presidential advisor for Special Duties General Muhoozi Kainerugaba.
The trial Chief Magistrate at Buganda Road Court, Mr Ronald Kayizzi has withdrawn the charges after prosecution presenting a withdrawal form signed by the DPP, justice Jane Frances Abodo.
“I have perused through the withdraw form, the DPP has decided to withdraw the charges against Muhoozi Kainerugaba and I have also heard the reasons given by the state that a year now there is no credible evidence by the state rightly stated by the complainant and under Article 23(d) of the Constitution, i accept the withdrawal and the charges against Muhoozi are here by withdrawn,” Mr Kayizzi ruled.
When the case came up for hearing, prosecution led by Mr Ivan Kyazze presented a withdrawal form seeking leave of court to discontinue the criminal proceedings which was taken over by the DPP.
“Your worship investigations was directed to be carried out in the case and since then nothing fruitful was got and because of that, for lack of credible evidence I have been instructed to inform this court that the DPP has decided to discontinue proceedings against Muhoozi who is charged with disobedience and common nuisance,” Mr Kyazze.
However, Mr Male Mabirizi who had initially instituted the charges against Muhoozi as a private prosecutor, was not allowed to make any prestation in court after the withdrawal of the charges, something that he did not take on well.
“The magistrate has allowed to withdraw the case without hearing from me as a person who brought it yet they need consent of the court to withdraw. The constitution says the DPP has no powers to withdraw moreover she is required to take over and continue. The magistrate ought to have found out that the witness is in court why doesn’t he testify?” Mr Mabirizi said after court.
He added…“This is the reason to why I have been challenging these take overs by the DPP and they end up killing the cases. We are going to High Court to challenge the withdrawal and refusal for stay over proceedings.”
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.