Kampala, Uganda | THE INDEPENDENT | Lawyer Male Mabirizi has petitioned the High Court challenging the decision by Wakiso Magistrates Court to allow the Directorate of Public Prosecutions- DPP to take over criminal proceedings against National Unity Platform leader Robert Kyagulanyi alias Bobi Wine.
Last month, Mabirizi instituted private criminal proceedings against Kyagulanyi for allegedly uttering false academic documents during his nomination for the Kyadondo East parliamentary by-elections in 2017.
He contends that the names on Kyagulanyi’s Uganda Certificate of Education- UCE are different from those that appear on his Uganda Advanced Certificate of Education- UACE.
On Wednesday, the Grade One Magistrate Esther Nyandoi decided that the DPP should take over the case.
Nyandoi’s decision followed a request by the State Attorney Emily Ninsiima who argued that the law mandates the DPP’s office to take over all criminal proceedings in this country.
However, immediately after the court ruling, Mabirizi quickly proceeded to High Court in Kampala where he adduced four grounds he is basing on to apply for revision of the Magistrate’s decision.
In the petition which URN has seen, Mabirizi contends that the Magistrate failed to issue a warrant of arrest or criminal summons against Kyagulanyi.
The magistrate is also faulted for failing to rule on whether it is lawful to proceed in absence of Kyagulanyi who was not in court and also for alleged failure to ask the State Attorney to produce instructions from DPP as requested earlier by Mabirizi during proceedings.
Additionally, Mabirizi also argues that the Magistrate failed to ensure that the intended takeover was in the public interest, interest of the administration of Justice or preventing abuse of the court process.
Mabizrizi wants the High Court to set aside the orders made by the Wakiso Magistrates Court and also reinstate him as a prosecutor.
The High Court is yet to fix the case for hearing.