Kampala, Uganda.
The prosecution has demanded typed proceedings in a case where a Kenyan National Oloo Jared Akumu is challenging his conviction on charges of cyber-stalking the DPP Lady Justice Jane Francis Abodo. The Chief State Attorney, Jonathan Muwaganya, informed the court he could not comprehend the handwriting of Timothy Amerit who attended court the first time the case came up for hearing. Â Muwaganya further claimed that the oral explanation provided to him suggested that the case was more of an appeal as opposed to an application for review.
Oloo Jared Akumu a Kenyan national was convicted of cyber stalking Lady Justice Jane Francis Abodo, the Director of Public Prosecutions when he willfully and repeatedly used his email address akumu4036@gmail.com to harass the DPP by sending threatening e-mails and attachments to her official email address. He was sentenced to two years and nine months in prison after being found guilty of offensive communication and cyber stalking.
Dissatisfied with the decision of the court, Oloo filed an application for review of the judgment raising issues of lack of jurisdiction by the Buganda road-based Standards, Utilities and Wildlife Court to hear his case, procedural irregularities, violation of constitutional rights, and the imposition of a disproportionate sentence.
His lawyer, Isaac Ssemakadde, made spirited arguments contending that among other procedural irregularities, the charge sheet was grossly defective by not specifying the geo-location of the computer used in sending the alleged communication. He argued that the court’s jurisdiction could only be established if the accused was in Uganda at the material time or if the computer, program, or data involved in the offence was in Uganda. Failing to locate the location of the computer used to commit the alleged offence raises fundamental issues about whether the court had jurisdiction to hear the case. Ssemakedde also contended that the charge sheet failed to provide reasonable clarity regarding the alleged threat made by the applicant, thereby violating the principle of specificity required in criminal charges.
With the prosecution unable to proceed with the case, the presiding judge Justice Isaac Muwata was forced to adjourn the case to August 8th, 2023, allowing ample time for the court to avail Jonathan Muwaganya with the necessary documents for a fair and informed judgment to be made.
