MP Kabaziguruka asks court to stay his trial

Dec 07, 2016

"It would be unfair to commence hearing of the matter yet there is a constitutional petition against the same matter."

KAMPALA - Nakawa MP Michael Kabaziguruka, who is accused of plotting to overthrow government, has asked the army court to stay his trial, pending a petition he filed before the Constitutional Court.

On November 17, 2016, he petitioned the Constitutional Court seeking a declaration that the General Court Martial (GCM) and other military courts were unconstitutionally established.

Kabaziguruka, who is battling treachery charges before the GCM, contends that the courts are merely tribunals set up for purposes of disciplining errant military officials and not courts of law within the meaning of the Constitution.

Appearing before court presided over by Lt. Gen Andrew Gutti on Tuesday, Kabaziguruka's lawyer Medard Sseggona objected a move by the army court to conduct trial, pending the said petition.

"It would be unfair to commence hearing of the matter yet there is a constitutional petition against the same matter before a superior court," said Sseggona.

He told court that they were not ready to proceed with the trial of the case before Kabaziguruka's petition is determined and disposed of.

Sseggona's objection was prompted by prosecution led by Maj. Simon Maserejje, who informed court that investigations into the matter are complete and they were ready to proceed with the hearing of the case.

"We were ready to hear the case today but our witness has informed us that he is not feeling well. Therefore we request for an adjournment," he asked.

However, the chairman's legal advisor (Judge's Advocate), Gideon Kattinda stated that it is the Constitutional Court that has powers to stay the trial.

"You should get a court order to stay the trial," advised Kattinda.

Prosecution alleges that between February and June this year, Kabaziguruka and 25 others including UPDF soldiers plotted in Kampala, Wakiso and Luweero districts, plotted to overthrow the government by force of arms.

The matter was adjourned to December 20.

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