Kampala, Uganda | THE INDEPENDENT | The High Court Criminal Division has fixed July 29th to start hearing an application filed by Dr Stella Nyanzi demanding a review of her case.
According to the hearing notice signed by the Court Registrar Mary Ikit, the case will be heard by Justice Jane Frances Aboddo.
Nyanzi petitioned the High Court challenging the ruling of Buganda Road Grade one Magistrate Gladys Kamasanyu who declined to grant her an order seeking to issue an advert in the media soliciting for witnesses to defend her.
Through her lawyers of Center for Legal Aid, Nyanzi states that the lower court acted illegally, when it excessively and inappropriately interfered with the autonomy to decide which witnesses she should call and in what order.
Center for Legal Aid lawyers and lawyer Julius Galisonga argue that the lower court acted illegally when it closed her case without affording her the mandatory or necessary facilities to call any witness.
On July, 16th, 2019, Kamasanyu closed the case in which Nyanzi is charged with offensive communication and cyber harassment.
Kamasanyu argued that the request was not only alien and queer in the legal practice but also misdirecting the court and perhaps to make people lose confidence in the judicial system.
Nyanzi’s lawyers now argue that Kamasanyu acted illegally when she made unbalanced findings and criticisms against the accused person and her advocates over their conduct of the defense case.
They now want the High Court to alter or reverse the lower court’s findings with orders that the case be sent to another magistrate.
Nyanzi is in court on allegations that she posted a loutish birthday poem on her Facebook page on September, 16th, 2018 attacking the late Mother of President Yoweri Museveni, Esteri Kokundeka.
She was arrested on November, 2nd, 2018 and has since been in Luzira prison following her refusal to apply for bail.
Prosecution produced three witnesses who included Detective Assistant Superintendents of police Bill Ndyamuhaki, Harriet Kenyana and lawyer Charles Dalton Opwonya.
Buganda Road Court had earlier fixed her judgment in the matter for August, 1st 2019 but High Court has since called the file for review.