Court rejects bid to summon Kabaka

Mar 06, 2017

The mornach was sued at the civil division of the High Court, querying compulsory registration and sh600,000 fee

The Chief Magistrate of the Anti-Corruption Court in Kampala, Agnes Alum, has rejected a bid by lawyer Male Mabirizi, to charge the Kabaka over purported fraudulent sale of Buganda land.

In a letter dated December 23, 2015, Alum responded to Mabirizi's request to slap criminal charges on Kabaka Ronald Muwenda Mutebi.

Mabirizi is the man who sued the Kabaka at the civil division of the High Court, querying compulsory registration and sh600,000 fee payment for land registered in the Kabaka's name. The case is pending.

In a letter dated December 15, 2016, he alleged that the Kabaka committed criminal acts between 1993 and 2016. He wanted permission to institute criminal proceedings.

However, Mabirizi does not specify land in the purported fraud.

Alum cited Section 49 of the Anti-Corruption Act (ACA), saying Mabirizi must get endorsement from Director of Public Prosecution (DPP) or the Inspector General of Government (IGG).

"The case cannot therefore be registered in the Anti- Corruption Court because it lacks the necessary consent as required by law" Alum states.

Mabirizi had premised his request on Section 42(1) (c) of the Magistrate's Court Act and Section 21 of ACA.

He claimed that Police declined to help him secure a state prosecution, despite several requests.

Mabirizi said he had lined up 100 witnesses, with an initial 25 ready to testify when trial commences.

He swore an affidavit, asserting Kabaka is the custodian of titles for land measuring 650 square miles.

Mabirizi alleges fraud within Kampala and central Uganda, saying the monarch breached the trusteeship created by Article 246(3)(a) of the Constitution.

He purports that the Kabaka contravened Section 7(1) of the Institution of Traditional or Cultural leaders Act, 2011, and "fraudulently sold, leased and transferred several portions of official Mailo Land, the property of the trust, to the detriment of the beneficiaries".

Kabaka's lawyer Christopher Bwanika, has since described Mabirizi's venture as insane.

Mabirizi explains

Last year on December 19, Mabirizi explained to New Vision that his efforts to formally document his complaint to Police were frustrated.

He said on four different occasions last year; July 25, August 3, November 30, and December 9, his visits to Central Police Station in Kampala, were fruitless.

Mabirizi said Police dismissed him, yet procedure requires you brief a policeman before a complaint is filed.

He observed Police seems more conversant with the Penal Code Act than ACA.

Mabirizi disagrees with Alum

In his reply dated January 27, 2017, Mabirizi expresses gratitude to Alum.

However, he disagrees with her interpretation of Section 29 of ACA. Mabirizi insists court can issue an arrest warrant.

"It is therefore clear that in private prosecution, the consent is only required after a person has appeared before court or a warrant is executed. I request that you apply the law and issue the summons," Mabirizi states.

(adsbygoogle = window.adsbygoogle || []).push({});