Kerry Howard Mwesigwa.
Jinja, November 21, 2023 | Perennial litigator lawyer Hassan Mabirizi Kiwanuka has filed a criminal case against the Kyabazinga of Busoga, Nadiope Wilberforce, and his newly wedded wife, Mutesi Jovia. The charges allege that the couple participated in an invalid and illegal marriage ceremony at Christ Cathedral, Bugembe, Jinja City.
The Kyabazinga, his wife Jovia, the Arch Bishop of the Church of Uganda Kazimba Stephen Mugalu, and the Nabbagereka of Buganda Nagginda Sylivia are facing charges that include fictitious marriage, bigamy, marriage with a person previously married, unlawfully performing a marriage ceremony, and conspiracy to commit felonies.
According to the complaint, the Kyabazinga went through a marriage ceremony with Mutesi Jovia on Saturday, November 18, 2023, at Christ Cathedral, Bugembe, Jinja City. The charges contend that this marriage was void because the Kyabazinga had previously contracted a marriage before a Registrar of Marriages in England with Alison Anna in December 2016.
Mutesi Jovia, who was unmarried at the time, allegedly knew about the Kyabazinga’s previous marriage but still went through the ceremony with him.
Arch Bishop Kazimba Stephen Mugalu is accused of performing the marriage ceremony despite knowing about the Kyabazinga’s existing marriage to Alison Anna. Nagginda Sylivia, the Nabbagereka of Buganda, is accused of witnessing the ceremony with the knowledge of the Kyabazinga’s prior marriage.
The charges further assert that the four accused conspired in the performance of the marriage ceremony, which is prohibited by sections 30(1), 41, and 42 of the Marriage Act and section 153 of the Penal Code Act.
Mabirizi acting as a private prosecutor, has initiated the criminal proceedings against the four accused under section 42(1)(c) of the Magistrates Courts Act. He has requested the issuance of criminal summons against them.
If convicted, each charge carries a maximum sentence of five years imprisonment. The case has been filed at the Chief Magistrate’s Court of Jinja and is awaiting confirmation and a hearing.
