Kampala, Uganda | THE INDEPENDENT | The Kawempe South Member of Parliament, Mubarak Munyangwa has petitioned the Constitutional Court seeking to block his trial in the Anti-Corruption Court for fraud.
It stems from the Criminal summons issued by the Anti-Corruption Grade One Magistrate, Moses Nabende directing Munyagwa to appear in court on February 15th, 2019 to plead to charges of soliciting a bribe of Shillings 100M from Francis Kakumba.
Prosecution contends that in December, 2014 while at Haks Investment Limited in Kampala during his tenure as Kawempe Division Mayor, Munyagwa solicited the said money so as to influence Kawempe Division Urban Council to nominate Isaac Muyanja alias Francis Kakumba for appointment to the Kampala City Land Board.
Prosecution further alleges that in the same month while on 6th street in Kampala Industrial area, Munyagwa obtained another gratification to the tune of US$ 20,000 Dollars (UGX 76M) for the same purpose.
Munyagwa is also accused of obtaining another gratification of Shillings 4 million from Kakumba at 6th Street Industrial Area in the same month.
Munyangwa has since failed to appear in court to plead to the charges. His lawyers twice told court the Anti-Corruption Chief Magistrate, Pamela Lamunu that their client was out of the country.
Now, Munyagwa’s lawyer, Erias Lukwago has filed an application before the Constitutional Court seeking to block the trial on grounds that the charges were instituted against him by the Director of Public Prosecution in bad faith.
In his application, Munyagwa explains that he was arrested in 2015 and spent over 48 hours at Kabalagala Police Station, which violated his constitutional rights.
Munyagwa also contends that the same charges were entered in 2015 and never taken to any competent court of jurisdictions only to resurrect the same in 2019 with several amended charges at the Kololo based Anti-Corruption Court.
“That on the face of the charge sheet, grave inconsistences are exhibited and that the act of the DPP to continue prosecuting me basing on the same is in bad faith” reads Munyagwa’s affidavit in part.
He alleges that Kakumba wrote to the DPP on February 11th, 2019 indicating that he had lost interest in the matter and the DPP to drop it in vain.
Munyagwa argues that the refusal by the DPP to drop the charges and police to lock him up for long is inconsistent with the law.
He wants court to award him general damages for the Psychological torture caused to him, mental anguish, inconveniences and pain caused to him arising from the complaints in his petition.
He also seeks for any relief the Constitutional Court deems fit. The Constitutional Court is yet to fix the matter for hearing.