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Buganda Road Chief Magistrate declines to step down from Mabirizi case
“Disagreements with judicial decisions does not amount to dishonesty or bias,” Kidasa ruled.
Kidasa noted that Mabirizi (Pictured) merely alleged dishonesty in the way she was handling his lawyers but never presented cogent evidence to demonstrate bias or misconduct against her.
By: Sophia Kagoya and Farooq Kasule, Journalists @New Vision
KAMPALA - The Buganda Road Court Chief Magistrate Ritah Neumbe Kidasa has declined to step down from the case in which lawyer Hassan Male Mabirizi is charged with broadcasting without a license and publishing false information.
Mabirizi wanted the Chief Magistrate to step down from the case, citing alleged bias, inappropriate conduct and lack of impartiality.
However, in a ruling dated June 25, 2026, Kidasa has declined to step down from the case, ruling that the grounds raised by Mabirizi for her recusal from the case are merely speculative, self-created and unsupported by evidence.
“To allow recusal on such grounds would set a dangerous precedent where litigants could disqualify judicial officers at will. Accordingly, I don’t find merit in the two applications, and they are hereby dismissed. The matter shall proceed to hearing before this court,” Kidasa ruled.
Kidasa said applications for recusal are serious matters and have to be proved beyond suspicion.
“Disagreements with judicial decisions does not amount to dishonesty or bias,” Kidasa ruled.
Kidasa noted that Mabirizi merely alleged dishonesty in the way she was handling his lawyers but never presented cogent evidence to demonstrate bias or misconduct against her.
Citing the decision in Uganda versus Byaruhanga, Kidasa noted that allegations of bias must be supported by clear and convincing evidence, not conjecture or dissatisfaction with the judicial rulings.
While Mabirizi based his application on the criminal and civil cases which he has since filed against her, citing the court decision in Prof. Kanyeihamba versus Attorney General, Kidasa said they do not show bias.
“No evidence has been adduced to show that these proceedings have been determined adversely or that they bear directly on my impartiality in the present case. The mere pendency of suits, particularly those instituted by the applicant himself, cannot be a ground for recusal,” Kidasa noted.
“Disagreements with judicial decisions does not amount to dishonesty or bias,” Kidasa ruled.
Kidasa noted that Mabirizi merely alleged dishonesty in the way she was handling his lawyers but never presented cogent evidence to demonstrate bias or misconduct against her.
Citing the decision in Uganda versus Byaruhanga, Kidasa noted that allegations of bias must be supported by clear and convincing evidence, not conjecture or dissatisfaction with the judicial rulings.
While Mabirizi based his application on the criminal and civil cases which he has since filed against her, citing the court decision in Prof. Kanyeihamba versus Attorney General, Kidasa said they do not show bias.
“No evidence has been adduced to show that these proceedings have been determined adversely or that they bear directly on my impartiality in the present case. The mere pendency of suits, particularly those instituted by the applicant himself, cannot be a ground for recusal,” Kidasa noted.
Citing the decision in Uganda versus Kizza Besigye (2005), Kidasa said mere allegations of bias without substantiated evidence of bias cannot suffice to disqualify a judicial officer. The matter has been fixed for hearing on July 10.
Mabirizi has since applied for mandatory bail, having stayed on remand for more than six months. He has been on remand since February, when he was arraigned in court and charged over the matter.
He had been initially charged with malicious information and hate speech under sections 28 and 26 of the Computer Misuse Act.
However, when the Constitutional Court nullified the provisions, the office of the Director of Public Prosecutions slapped on him the charges of broadcasting without a license and publishing false information under the Uganda Communications Act (UCC).
Charges
The charges against Mabirizi stem from an audio-visual video published on his alleged TikTok account in which he called Chief Justice Dr Flavian Zeija and Court of Appeal justice Musa Ssekaana “conmen” and “fraudsters.”
According to the charge sheet, Mabirizi allegedly via his TikTok account @male. Mabirizi accessed through a telecommunication platform of Airtel Uganda Limited using his SIM card (concealed), published an audio-visual news story in which he stated that the Chief Justice (Zeija) is a conman, corrupt, and a land grabber who allegedly sold his property to pay a bribe for his appointment as Principal Judge, which statements the prosecution contends are false.
Justice Zeija joined the Judiciary in 2016 following his appointment as a judge of the High Court by the President on the recommendation of the Judicial Service Commission (JSC). Three years later, in December 2019, he was elevated to the position of Principal Judge.
In February last year, Zeija was appointed Deputy Chief Justice, a role he held until January 21 this year, when he assumed office as Chief Justice, replacing Alfonse Owiny-Dollo, who retired on January 18 this year upon attaining the mandatory retirement age of 70.
The second charge is publishing fake news. The prosecution alleges that on the same day, Mabirizi, via the same TikTok account, published an audio-visual news story in which he stated that Justice Ssekaana is also a conman and a fraudster.
The offence is drawn from regulation 110(e) of the UCC Licensing Regulations of 2019.
Who is Mabirizi
Born in 1987 to the late Mohammed Mutumba and the late Mastula Ndwaddewazibwa of Mukono District, Mabirizi holds a Bachelor’s degree in Law from Makerere University.
He came into the limelight when he dragged the Kabaka of Buganda, Ronald Muwenda Mutebi II, to court over what he described as the illegal collection of land fees known as Busulu from occupants of land in Buganda.
Since then, he has taken several high-profile individuals to court and has also critiqued them on social media platforms in ways that some argue are degrading.
Mabirizi has since applied for mandatory bail, having stayed on remand for more than six months. He has been on remand since February, when he was arraigned in court and charged over the matter.
He had been initially charged with malicious information and hate speech under sections 28 and 26 of the Computer Misuse Act.
However, when the Constitutional Court nullified the provisions, the office of the Director of Public Prosecutions slapped on him the charges of broadcasting without a license and publishing false information under the Uganda Communications Act (UCC).
Charges
The charges against Mabirizi stem from an audio-visual video published on his alleged TikTok account in which he called Chief Justice Dr Flavian Zeija and Court of Appeal justice Musa Ssekaana “conmen” and “fraudsters.”
According to the charge sheet, Mabirizi allegedly via his TikTok account @male. Mabirizi accessed through a telecommunication platform of Airtel Uganda Limited using his SIM card (concealed), published an audio-visual news story in which he stated that the Chief Justice (Zeija) is a conman, corrupt, and a land grabber who allegedly sold his property to pay a bribe for his appointment as Principal Judge, which statements the prosecution contends are false.
Justice Zeija joined the Judiciary in 2016 following his appointment as a judge of the High Court by the President on the recommendation of the Judicial Service Commission (JSC). Three years later, in December 2019, he was elevated to the position of Principal Judge.
In February last year, Zeija was appointed Deputy Chief Justice, a role he held until January 21 this year, when he assumed office as Chief Justice, replacing Alfonse Owiny-Dollo, who retired on January 18 this year upon attaining the mandatory retirement age of 70.
The second charge is publishing fake news. The prosecution alleges that on the same day, Mabirizi, via the same TikTok account, published an audio-visual news story in which he stated that Justice Ssekaana is also a conman and a fraudster.
The offence is drawn from regulation 110(e) of the UCC Licensing Regulations of 2019.
Who is Mabirizi
Born in 1987 to the late Mohammed Mutumba and the late Mastula Ndwaddewazibwa of Mukono District, Mabirizi holds a Bachelor’s degree in Law from Makerere University.
He came into the limelight when he dragged the Kabaka of Buganda, Ronald Muwenda Mutebi II, to court over what he described as the illegal collection of land fees known as Busulu from occupants of land in Buganda.
Since then, he has taken several high-profile individuals to court and has also critiqued them on social media platforms in ways that some argue are degrading.