Stella Nyanzi back in court
May 10, 2017
Prosecution alleges that the scholar willfully and repeatedly used electronic communication to post offensive messages.
Dr Stella Nyanzi being helped into the court room. PHOTO/Meddie Musisi
KAMPALA - Makerere University researcher Dr Stella Nyanzi was brought back to court Wednesday for the hearing of her bail application.
The hearing is under way at Buganda Road Court.
Nyanzi, 42, was charged on April 10, 2017 under section 24, and 25 of the Computer Misuse Act, 2011. She is still on remand at Luzira Prison.
It is alleged that on January 28, 2017 she used a computer to post on her Facebook page "Stella Nyanzi" and made a suggestion against President Yoweri Museveni which is obscene or indecent under the law.
Prosecution further alleges that between January and March 2017 in Kampala district, Nyanzi willfully and repeatedly used electronic communication to post offensive messages via her Facebook account, transmitted over the internet to disturb the peace or right of privacy of the President with no purpose of legitimate communication.
Recently, High Court Judge Elizabeth Kabanda, forwarded the case to Buganda Road Chief Magistrate's Court, saying it has powers to hear the application under the Mental Treatment Act (MTA).
Nyanzi through her lawyers led by Isaac Ssemakadde petitioned High Court, seeking to halt court proceedings under the MTA.
Buganda Road Court resident state attorney, Jonathan Muwaganya, had filed an application seeking Nyanzi's mental status be evaluated before hearing of the case kicks off.
Nyanzi also wanted court to declare that refusal by the said court to hear her bail application after taking plea was illegal.
Her lawyers therefore wanted court to strike out the application and have Nyanzi released on bail, pending hearing of her case. Ssemakadde was assisted by Nicholas Opio and Eron Kiiza.
Speaking to New Vision on Tuesday, Ssemakadde said that they want the case to proceed under the Magistrate's Court Act (MCA) and Computer Misuse Act (CMA) because they intend to petition the Constitutional Court over the Mental Treatment Act (MTA) because it contravenes sections of the Constitution.