Kampala lawyer Hassan Male Mabirizi has protested the planned government takeover of criminal proceedings he had initiated against Kyadondo East MP Robert Kyagulanyi Ssentamu aka Bobi Wine, the National Unity Platform Presidential candidate, over forgery of his age.
In a letter dated August 3, addressed to the Chief Magistrate Buganda Road Janet Kitimbo, responding to her earlier letter dated August 2, Mabirizi noted that, “the Resident State Attorney (RSA), if she so wishes, can only make an application to court, with reasons to which I will respond before court exercises its independent powers enshrined in Article 128(1) and (2) of the Constitution to decide the matter”.
Kitimbo had in her letter indicated that pursuant to Article 120 (3) c of the Constitution of Uganda and Section 43 (1) of the Magistrates Court Act Cap.16 the Office of the Directorate of Public Prosecution (ODPP) was taking over and would continue to conduct the criminal proceedings in this case.
“In this regard, the complainant is required to furnish the ODPP with all reasonable information, assistance, and to furnish any documents or other matters in his possession or under his control,” Kitimbo noted.
However, Mabirizi noted that the state had failed to unearth Kyagulanyi’s age fraud for 20 years and it was only proper that they left him to argue his case.
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