Court halts Mugoya prosecution

Mar 07, 2009

THE High Court in Kampala has halted all the proceedings against city businessman, James Isabirye Mugoya.

By Edward Anyoli

THE High Court in Kampala has halted all the proceedings against city businessman, James Isabirye Mugoya.

Mugoya is accused of bribing Leonard Mpuuma, the former Managing Director of NSSF. He allegedly offered $350,000 (about sh700m) as bribe to Mpuuma to enter a joint venture for developing Nsimbe Housing Estates worth sh8b.

Justice Musoke Kibuuka on Wednesday halted the proceedings until the application challenging Mugoya’s prosecution is heard.

“I am duly satisfied that the applicant has raised issues that deserve investigation by this court through a judicial review. I accordingly allow the application as required by rule (4) and (10) of the judicial review, this leave shall operate as a stay for all the proceedings until the application for judicial review is heard,” Kibuuka said.

Kibuuka directed McDusman Kabega, Mugoya’s lawyer to file the main application within 14 days.

Mugoya is challenging the Inspectorate of Government’s (IGG) powers to prosecute him. He says the IGG has no jurisdiction to prosecute him.

The IGG preferred charges against Mugoya on grounds that the land purchase was fraudulent, saying he allegedly bribed an official of a public body.

Mugoya wants a warrant of arrest issued by Buganda Road Court Chief Magistrate against him quashed. He argues that there were no criminal summons issued requiring him to appear in court. Several warrants of arrest have been issued since 2006.

He wants court to declare the dealings between M/s J.Z Holdings Ltd and Mpuuma as contractual not as a bribe. The case will be heard on May 6.

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