Court dismisses case against MP Akena

Dec 15, 2015

Buganda Road Court Chief Magistrate Flavia Nabakooza has dismissed a case against Lira Municipality MP Jimmy Akena and 14 others


By Farooq Kasule

Buganda Road Court Chief Magistrate Flavia Nabakooza has dismissed a case against Lira Municipality MP Jimmy Akena and 14 others accused of criminal tress pass at Uganda House.

Akena was jointly charged with other UPC members who iincluded: Maxwell Akora (Maruzi County), Fred Ebil (Kole County) and Betty Amongi (Oyam County South).

Other were: Higenyi Kemba, Richard Angweri, Patrick Mwondha, Night Kulabako, Gideon Akomu, Kallen Mugizi, Brenda Atim, Fahad Kilyiri, Patrick Aroma, and Josephine Babirye.

State prosecutor Lillian Omara told court that the Director of Public Prosecution (DPP) had lost interest in the matter.

"The DPP took over the prosecution of this case and afterwards he lost interest in the proceedings," Omara said.

"Having received the withdraw form from the DPP dated November 24, 2016 as a proof for the withdrawing of charges, I close the file and all the accused persons are discharged," Nabakooza ruled.

The dismissal followed the transfer of file which has been handled by the grade one magistrate Mary Kisakye Lukwago to Nabakooza.

Prosecution had alleged that on June 5, the accused persons entered the property of Milton Obote Foundation and Uganda House investments Limited, to wit land comprised in LRV 689, Folio 11, Plot 8 and LRV 682, Folio 12, Plot 10, Kampala Road situate in the Kampala without lawful authorization with intent to commit an offence and to intimidate, annoy and insult the property owners, managers and other lawful users thereof.

It is further stated that the accused persons violently and forcefully entered and took over possession of the 6th floor of the said property.

 

Court heard that on June 5, the accused persons without lawful cause or authority, entered into Uganda House causing disruption, thereby paralyzing business and the state of affairs thereat, and created common injury, danger, annoyance and inconvenience to the property owners, tenants, lawful users of the property and the general public in exercise of their common rights.

 

The applicant's lawyers Mulema Mukasa and David Sempala protested the DPP's withdraw of the charges against the accused persons without consulting the complainants which was privately prosecuted.

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