City Lawyer Male Mabirizi has asked the Magistrate’s Court in Wakiso to issue an arrest warrant against presidential hopeful Kyagulanyi Robert Ssentamu over claims of giving false information to government agencies.
In an application filed with Chief Magistrate on 24th August 2020, Mabirizi claims the arrest warrant is in respect of a complaint of criminal case number 598 of 2020, under Section 42(1) (c) and 3 of the Magistrate’s court Act cap 16 Uganda Vs Kyagulanyi Ssentamu Robert.
The complaint, Mabirizi alleges that he is supported by evidence contained in his own affidavit to which he asks the magistrate to sign a charge sheet for the offense committed by Kyagulanyi for allegedly giving false information, obtaining registration by false pretense and uttering false documents contrary to the law.
Recently, Mabirizi Mabirizi disclosed that the process was underway to institute private prosecution against Kyagulanyi, to block his nomination as a presidential candidate on account of purported dishonesty.
Mabirizi contends that the National Unity Platform (NUP) leader who also doubles as the Kyadondo East lawmaker lied about his age, which is a criminal offence under the law. Mabirizi also claims he was availed with all documents presented by Bobi Wine to EC in 2017 Kyadondo East by-election and discovered dishonesty on Kyagulanyi’s side.
In his application to court, Mabirizi quotes Section 42(3)(6) of the Magistrate’s Court Act which provides that; “”Any person,…who has reasonable and probable cause to believe that an offense has been committed by any person may make a complaint of the alleged offense to a Magistrate..” “a warrant shall not be issued in the first instant unless the charge is supported by evidence on oath either oral or by affidavit”
“This complaint is supported by evidence contained in my own affidavit to which I pray that upon addressing your mind to the same, you be pleased to invoke your powers under section Section 42(5) to sign a charge sheet for the offenses of giving false information, contrary to section 115(a) of the Penal Code Act, Obtaining Registration by false pretense contrary to Section 312 of the Penal Code Act, and Uttering false documents contrary to Section 315& 317 of the Penal Code Act” Mabirizi states.
Earlier on, Mabirizi had also expressed intention to challenge Kyagulanyi’s to lead Uganda over alleged failure to pass key subjects in school. He argues that he doubts Bobi Wine’s potential to lead the country having failed mathematics at ordinary level and general paper at advanced level.
Documents availed to Mabirizi indicate that Bobi Wine scored an f9 in mathematics at the ordinary level.
“What is required to block him from being nominated is arrangement of evidence necessary to convict him of any offence involving dishonesty before the Election Day and steps are underway to retrieve several documents signed by him at Makerere University , NIRA, passport office where he was dishonest with his age,” Mabirizi disclosed.
“I know it is hard time to take the decision I am taking but that is the said pain we have to go through if we are to enjoy the real democracy envisaged by the framers of our constitution and block dishonest leaders from making their way to the ballot paper,” Mabirizi noted.