This comes after the DPP asked the Buganda Road Court Chief Magistrate to handle proceedings against the CJ .Mabirizi Rejects DPP Order
Mabirizi Rejects DPP Order
City Lawyer Male Mabirizi has expressed discontent with a decision by the Director of Public Prosecutions-DPP to take over the prosecution of Chief Justice-CJ Alfonse Owiny-Dollo.
This comes after the DPP asked the Buganda Road Court Chief Magistrate to handle private criminal proceedings against the CJ reported by Mabirizi.
The criminal proceedings stem from incidents on March 18th and 19th 2021 when the CJ allegedly showed disrespect, obstruction, and disturbance in the course of judicial proceedings to Lady Justice Esther Kisakye.
Kisakye had come to court to read her dissenting ruling on an application on a presidential election petition filed by former National Unity Platform presidential candidate Robert Kyagulanyi .
Mabirizi accuses the CJ of ordering his police guards to confiscate her file, disconnect of power and sound system, and dismantling the court tent.
Mabirizi asked the court to issue a warrant of arrest against Owiny-Dollo compelling him to come and take a plea on the charges against him.
Mabirizi on Monday instituted the criminal case in court but on Tuesday, the DPP declared solid interest in the case.
In a letter addressed to Mabirizi and CJ Owiny-Dollo the DPP states its constitutional mandate in handling the matter.
“The office Director of Public Prosecutions under Article 120(3) (c) of the 1995 Constitution and section 43(1)(a) of the Magistrates Courts Act cap 16, has decided to take over and continue criminal proceedings instituted by Male H . Mabirizi. K. Kiwanuka against Hon Justice Alfonse Chigamoy Owiny-Dollo effective immediately”, reads the letter in part.
This means that Mabirizi must hand over all information including evidence and documents in the case to enable the state to carry out successful prosecution for Dollo.
Mabirizi Rejects DPP Order
The letter signed by Buganda Road Court Resident Chief State Attorney Joan Keko adds that Mabirizi is required to furnish them with all documents in his possession or under his control.
However, Mabirizi says the decision by the DPP is invalid a recent constitutional court order canceling any action by Judicial Officers in executive or Constitutional positions until they first resign as Judicial Officer.
“Justice Jane Frances Abodo ceased being DPP on March 18 2021 unless there is proof of resignation from her judicial office hence Keko Joan cannot act in a vacuum. Consequently, please issue the warrant of arrest I applied for so that we can have expeditious hearing since the letter by Keko is null and void for absence of a Director of Public Prosecutions whom she purports to act for,” Mabirizi wrote to the Buganda Road Chief Magistrate where the case was filed.
Mabirizi also says that it undermines the powers and independence of court for the DPP to try to take over matters without court’s approval.
The case is yet to be heard in court for the parties to orally present their arguments.
