Suspected Elvis Mbonye Facebook account owner charged

A man accused of publishing misleading information regarding immunisation vaccines on Facebook using the account of Elvis Mbonye of Zoe Ministries has been charged. 

Buganda Road Court Magistrate, Stella Amabilis, read a charge sheet detailing the offence that the accused, Moses Mugisha, allegedly committed. 

The particulars of the offence is publishing misleading information contrary to Section 23 (i) and (ii) of the Immunisation Act 2017.

Prosecution alleges that Moses Mugisha and others at large between August and October 2019 in Kampala district published on Facebook misleading information regarding the use of measles and rubella vaccines.

"Vaccines cause interlia-ortisym which is irreparable condition, medically speaking it's purely evil to inject this ingredient we are aware of catastrophic effect. Government cares about you being vaccinated, no but they don't care the negative effect."

When the Magistrate asked whether the accused was aware of the statement published he pleaded not guilty.

"It's not true," Mugisha, 29, a resident of Nsambya told the court but later amended his place of aboard as Nansana. 

Mugisha was arrested by security operatives on December 24, for sabotaging government's immunisation programme spearheaded by the Ministry of Health. 

He was in detention before he was produced by prison authorities on Friday. The accused was represented by a lawyer Amos Musheija and state attorney Ivan Kyazze represented the state. 

Mugisha's lawyer Amos Musheija. Photo by Francis Emorut

When asked whether he was Elvis Mbonye, the accused replied that he was not the one but that he uses the said name on his social media account.

It is alleged that Mbonye discouraged parents from taking their children for immunisation against rubella, polio and measles.

Mugisha was charged under the Immunisation Act which states that a person shall not make, cause any misleading statement or information regarding the use or effect of any vaccines.

A person who contravenes this section, on conviction, pays a fine not exceeding 48 currency points (about sh960,000) or imprisonment not exceeding two years or both. 

Consequently, Mbonye refuted the allegations as false saying the person who posted information bears a similar name as his. 

Earlier, before court could proceed with the case, there was drama when the accused's counsel Musheija was turned away from court over failure to produce a practicing certificate (PC) as requested by the presiding magistrate.

"I will not proceed with this case unless you present your PC before this court," Amabilis stated. 

Musheija was asked to make a call in front of the magistrate to his office to bring the certificate.

This forced the magistrate to adjourn the court for 15 minutes before she could resume as the suspect was also taken away from the dock to the court cells.

It was after this episode that the sweating counsel was allowed to apply for bail to have the suspect released.  Subsequently, Mugisha was granted a cash bail of sh1m with two sureties sh10m each not cash.

The state attorney Kyazze didn't object to the bail and the case is coming up for mention on Dec 30.