Kerry Howard Mwesigwa.
Buganda Road Chief Magistrate’s Court has transferred the case involving Gen Muhoozi Kainerugaba, the presidential advisor on special operations, to the High Court. The accusations against Gen Muhoozi relate to alleged acts of disobedience and common nuisance during his birthday party celebrations last year.
According to the amended private prosecution charge sheet, Gen Muhoozi is accused of making public political statements that were deemed against public order, expectations, and morality. The charge sheet also includes new charges of scandalous conduct by officers and conspiracy to commit misdemeanors against several other individuals.
Ronald Kayizzi, the Chief Magistrate, sent the case file to the High Court for criminal review upon the request of the state attorney. It was argued that the private prosecutor, Mr. Male Mabirizi, lacked the authority to file an amended charge sheet after the Director of Public Prosecutions (DPP) had taken over the case. The state prosecutor emphasized that the DPP had assumed control of the matter before the amendments were made. While the Chief Magistrate acknowledged an error in the court records, the correction falls under the jurisdiction of the High Court.
The central legal issue in this case revolves around the authority of the private prosecutor to file amended charges and the subsequent involvement of the DPP. The state argues that the private prosecutor lacked the necessary authority to make such amendments once the DPP had taken over the case. This raises questions regarding the validity of the amended charges and the procedural aspects of the prosecution.
