In a surprising turn of events, the Director of Public Prosecutions (DPP) has withdrawn charges related to disobedience and being a public nuisance against Uganda's First Son, Gen Muhoozi Kainerugaba. These charges had been instituted by lawyer Male Mabirizi earlier this year, sparking a legal battle that has now taken a new twist.
Mabirizi had initiated charges against Gen Muhoozi, along with several others, including MP Michael Mawanda, veteran journalist Andrew Mwenda, Balaam Barugahare, Michael Nuwagira Toyota, Lilian Aber, and Michael Katungi. The charges stemmed from Gen Muhoozi's actions at Kololo Independence Ground in 2022 when, as a serving military officer, he addressed a political gathering and made public political statements that were deemed to have a direct and indirect impact on Ugandans.
The charges were based on sections 160(1) and 116 of the Penal Code Act, focusing on public nuisance and disobedience of statutory duty.
However, the case took an unexpected turn when the DPP decided to take over the matter for prosecution. On Tuesday, Senior State Attorney Ivan Evan Kyazze informed Buganda Road Court Chief Magistrate Ronald Kayizzi that he had received instructions from the DPP to withdraw the charges against Gen Muhoozi.
Lawyer Male Mabirizi, who was present in court, raised concerns and requested that his consent be sought before the case was withdrawn. However, the chief magistrate overruled Mabirizi, stating that he had no locus in the matter and consequently allowed the DPP to proceed with the withdrawal. Following the court's decision, Mabirizi expressed his lack of surprise at the developments.
"This is what the DPP has always wanted – to take over the case and later withdraw it. However, the law is still on our side. I am going to file an application appealing against the proceedings at Buganda Road Court." He remarked
The withdrawal of charges against Gen Muhoozi Kainerugaba and the other co-accused individuals marks a significant development in this legal saga. It remains to be seen how the situation will unfold in the coming days as lawyer Male Mabirizi explores legal avenues to challenge the withdrawal of the case.
