Prisons ordered to produce Stella Nyanzi in court

Jan 17, 2019

She is indicted on two counts of cyber harassment and offensive communication in regard to her alleged indecent communication against the President

The Buganda Road Chief Magistrate's Court has issued a production warrant for former Makerere University researcher Dr Stella Nyanzi who is accused of indecent communication against the President.

Grade One Magistrate Gladys Kamasanyu was compelled to issue the warrant on Thursday after a prison wardress informed court that Nyanzi declined to be ferried to the court on grounds that her lawyer Isaac Ssemakadde had advised her not to do so until she recovers from an illness.

Nyanzi reportedly suffered a miscarriage while in the prison about three weeks ago.

"Your worship, the accused declined to be brought to the court saying that her lawyer had advised her not to do so," a prison wardress said.

Ssemakadde who was slated to make a rejoinder on Nyanzi's application in which she wants court to declare the charges against Nyanzi illegal over an allegedly defective charge sheet, equally did not appear in court.

This prompted, Kamasanyu to direct the prison authority at Luzira to produce Nyanzi before her on January 31 without fail.

Nyanzi is indicted on two counts of cyber harassment and offensive communication in regard to her alleged indecent communication against President Yoweri Museveni and his late mother Esiteeri Kokundeka.

The mother of three has been in jail since November last year.

Kamasanyu also dismissed claims by the defence that she refused to hear an application concerning Nyanzi's health. 

"I have never declined to hear the accused's application concerning her medical report. I only directed them to make it formal such that the state also gets an opportunity to respond to it," Kamasanyu said.

Kamasanyu also blamed Ssemakadde for what she described as ill-advising Nyanzi not to apply for bail yet she never pleaded guilty to the charges.

In the last session, Ssemakadde was involved in a bitter exchange with the magistrate when she declined to entertain an oral application regarding Nyanzi's health which he said was urgent.

Prosecution led by Janat Kitimbo alleges that on September 16, 2018, Nyanzi posted on her Facebook wall indecent words against the President and his late mother.

According to the prosecution, the said posts were intended to disturb their peace, quiet and right to privacy.

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