Kampala, Uganda – City lawyer Male Mabirizi’s attempt to continue as a private prosecutor in the case against Uganda’s first son, Gen Muhoozi Kainerugaba, has been rejected by the court. The decision was reached based on a legal observation that highlighted the Director of Public Prosecutions’ (DPP) authority over criminal prosecutions.
The case, which pertains to alleged charges of “disobedience and being a common nuisance” against Gen Muhoozi, saw Male Mabirizi initially initiate proceedings on November 11, 2021. His initial filing consisted of a sworn complaint with a charge sheet solely naming Gen Muhoozi as the accused.
As the case progressed, Male Mabirizi sought to expand the list of accused individuals by submitting an amended charge sheet that included seven additional names. However, this move faced objections from the prosecution, led by Joan Keko, leading to a significant legal development.
Justice Michael Elubu, in delivering the court’s ruling, emphasized the constitutional authority granted to the DPP as per Article 120. According to the court’s interpretation, the DPP possesses complete control over all prosecutions, except those within the jurisdiction of the court martial. This authority includes the discretion to take over cases initiated by private prosecutors.
The court’s observation highlighted the fact that once the DPP assumed control of the case on November 14, 2022, Male Mabirizi’s role as a private prosecutor shifted. The DPP became the sole entity responsible for prosecution decisions, while Male Mabirizi’s status transformed to that of a complainant rather than an active participant in the prosecution process.
Justice Elubu further elaborated that Male Mabirizi lacked the legal standing (locus) to file an amended charge sheet once the DPP had taken over the case. This absence of standing rendered any such action unlawful. The court maintained that the DPP’s decision to take over the case was not required to be explained to Male Mabirizi or others, as the DPP’s prerogative is exercised in the interest of public welfare and the prevention of legal abuse.
The court ruled that Male Mabirizi’s amended charge sheet, filed on July 13, 2023, was received in error and subsequently struck out. The prosecution, under the DPP’s jurisdiction, would proceed with the original case initiated on November 11, 2022.
Male Mabirizi’s amended charge sheet implicated additional individuals, including Michael Mawanda Maranga, journalist Andrew Mujuni Mwenda, events promoter Balam Barugahare Ateenyi, David Kabanda, Michael Nuwagira Kaguta alias Toyota, Lilian Aber, and Michael Katungi. The accusations pertained to alleged scandalous conduct and conspiracy to commit misdemeanors.
The private prosecution charge sheet alleged that Gen Muhoozi and the named individuals had engaged in actions contrary to public order, expectations, and morality during a political gathering on October 10, 2022, at Kololo Grounds in Kampala. Additionally, it was claimed that the accused conspired to commit misdemeanors in violation of relevant legal provisions.
